Prisoner loses Supreme Court bid to enforce a smoking ban in jails despite complaints that exposure

A prisoner concerned about exposure to 'second-hand' smoke has lost a Supreme Court battle to make illicit lighting up in jails a criminal offence.

In a unanimous ruling on Tuesday, five justices at the UK's highest court concluded that a ban prohibiting smoking in most enclosed public places and workplaces does not apply to Crown premises, including state prisons. 

President Lady Hale announced that an appeal by convicted sex offender Paul Black, following his defeat at the Court of Appeal last year, was being dismissed 'with considerable reluctance'.

Black's solicitor, Sean Humber, head of the prison law team at Leigh Day, said the decision has 'far wider implications than simply the issue of smoking in prisons'.

 

+3

•  

Judges ruled on Tuesday that the UK's smoking ban in most enclosed public places and workplaces does not apply to Crown premises, including state prisons (stock photo)

He added: 'It confirms that thousands of Government properties, including, for example, courts and Jobcentres, are not covered by the provisions of the Health Act prohibiting smoking in enclosed places.

'While many of these buildings even have signs saying it is against the law to smoke in them, these turn out to be incorrect.

'In light of this, the Government must now take urgent action to change the law to properly protect the millions of people who work, live or visit these properties.'