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Jails not covered by smoking ban, Court of Appeal rules | Jails not covered by smoking ban, Court of Appeal rules |
(35 minutes later) | |
The legal ban on smoking in public places does not apply to state prisons in England and Wales, the Court of Appeal has ruled. | The legal ban on smoking in public places does not apply to state prisons in England and Wales, the Court of Appeal has ruled. |
Three judges allowed a government appeal against a High Court ruling that the ban covered all public places and all workplaces. | Three judges allowed a government appeal against a High Court ruling that the ban covered all public places and all workplaces. |
They unanimously agreed that Crown premises, including jails, were not bound by the smoking ban legislation. | They unanimously agreed that Crown premises, including jails, were not bound by the smoking ban legislation. |
Smoking is currently allowed only in prison cells and exercise yards. | Smoking is currently allowed only in prison cells and exercise yards. |
The government still intends to make all 136 prisons in England and Wales entirely smoke-free to reduce health risks in a gradual roll-out. | |
BBC correspondent Daniel Boettcher said the smoking ban had already begun in prisons in Wales. | |
He said those who had wanted this to happen a great deal quicker took the matter to court, arguing that this ban that was brought in in 2007 should apply across the prison estate. | |
But the Ministry of Justice said it wanted to introduce the ban "in a phased way" and the successful legal challenge would allow them to do that. | |
Government lawyers had warned the court at a recent hearing that a "particularly vigorous" ban on smoking in prisons could cause discipline problems and risk the safety of staff and inmates. | |
That warning has been echoed by the Prison Governors Association, which is in favour of a ban, but has raised concerns about it potentially leading to instability in jails, given about 80% of inmates currently smoke. |