Getting the conviction quashed is still the one aim

John Brock

The pair had been warned they might have to go back to jail if their challenge to convictions of knowingly permitting the supply of heroin were to fail.

But that prospect ended when the Court of Appeal judges said although they were reserving judgement the pair were free to go - which Wyner described as "the best Christmas present anyone could have".

The judgement is expected next week - but the judges did say they believed the sentences imposed on the pair were "far too long".

Wyner, director of the Winter Comfort Centre in Cambridge, was sentenced to five years in prison last December.

Brock, a manager, was jailed for four years.

The appeal court in London heard prosecution counsel William Clegg QC say that if the convictions were quashed altogether the Crown would not apply for a retrial.

Supporters called the convictions a miscarriage of justice

Lord Justice Rose said that he and the two other judges wanted to take time to consider their decision.

But he added that "we are not minded ... to send the appellants back to prison".

Wyner and Brock were granted leave to appeal on the grounds that the presiding judge at their King's Lynn Crown Court trial had been wrong to bar the jury from considering a major part of the defence case.

Concern spread

The charity had a policy of confidentiality under which information about homeless people attending the centre would not generally be passed on to outside agencies, including the police.

Defence council Michael Mansfield QC argued Judge Jonathan Haworth had erred by not allowing the jurors to consider whether, in the light of that widely-accepted policy, Wyner and Brock had acted reasonably in not telling the police what they knew about drug dealing.

The sentences handed down on the pair have given rise to concern among workers at hostels and day centres across the country.

The pair were released on bail in July

Some charities began turning away drug addicts and suffered staff shortages because workers were reluctant to run the risk of imprisonment for failing to inform on those seeking shelter.

The pair, who were in court for Friday's hearing, emerged afterwards to cheers and applause from supporters.

Wyner said: "I am just absolutely delighted.

"I think the appeal court judges have been very good to us making it absolutely clear we are not going back to prison.

"They did not have to say that and it was enormously kind to us that we know we can go ahead with our lives."

'Costly legal process'

She said the legal process had cost more than �1m, - an "enormous" amount of public money, and "things could be done differently".

The effect on her family of her being "dragged" through the courts and prison for two-and-a-half years had been "appalling", she added.

Brock said later he was "obviously pleased" to have the threat of a further term in prison lifted, but added that "getting the conviction quashed is still the one aim".

The pair had spent 207 days in prison before they were released on bail in July.

A petition has been launched calling for the redrafting of Section 8 of the 1971 Misuse of Drugs Act under which the two were convicted.