This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-35752283

The article has changed 6 times. There is an RSS feed of changes available.

Version 1 Version 2
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 a ban introduced in 2007 covered all public places and all workplaces.
They unanimously agreed that Crown premises, including jails, were not bound by the smoking ban legislation. The government says it means a ban can be rolled out gradually "in a safe and secure way" rather than rushed through.
An inmate who wanted quicker implementation had brought the case.
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. The government eventually intends to make all 136 prisons in England and Wales entirely smoke-free to reduce health risks to staff and inmates.
Instability
BBC correspondent Daniel Boettcher said the smoking ban had already begun in prisons in Wales.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. He said those who had wanted this to happen a great deal quicker took the matter to court, arguing that the 2007 ban should by now be enforced 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. That was rejected by the Court of Appeal after government lawyers warned that a "particularly vigorous" ban could cause discipline problems and risk the safety of staff and inmates.
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.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.
A Prison Service spokesman said: "The result of this appeal means we are able to roll out smoke free prisons in a safe and secure way.
"Our careful approach will ensure staff and prisoners are no longer exposed to second-hand smoke, while not compromising the safety and security of our prisons."