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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 had intended to make all 136 prisons in England and Wales entirely smoke-free to reduce health risks. 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.
The Prison Governors Association had previously warned that a ban could make jails more unstable, as 80% of inmates smoked. 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.