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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 a ban introduced in 2007 covered all public places and all workplaces. | |
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 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 the 2007 ban should by now be enforced across the prison estate. | |
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. | |
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." |