‘ Prisoner smoking ban could spark riots’

A SMOKING ban could spark riots in prisons, putting the safety of inmates and officers at risk, the Government told judges yesterday.

Justice Secretary Michael Gove yesterday went to the Court of Appeal to challenge a ruling that the ban on lighting up in public also applied to state- run prisons.

The High Court order blocking Crown immunity was won by sex offender Paul Black, an inmate at HMP Wymott in Lancashire.

Black, who has been serving an indeterminate sentence since 2009, claims to have suffered health problems due to second- hand smoke in public areas of the prison.

He complained that no- smoking rules in prisons are flouted and need to be legally enforceable.

Smoking is generally not allowed in state- run prisons, except in cells designated for smokers. The ban already applies to private prisons as they are not Crown premises.

Discipline

Last March Mr Justice Singh ruled that it was “Parliament’s intention” that the ban should apply in places for which the Crown was responsible but because of the potential consequences the judge’s decision was not brought into effect until yesterday’s appeal was heard.

On behalf of the Justice Secretary, James Eadie QC asked three appeal judges to strike down the High Court’s decision.

He argued that the law did not apply to the Crown.

The barrister said: “A large proportion of prisoners smoke and a rigorous ban could cause discipline problems in prisons, risking staff and prisoner safety.”

The Government’s policy remained that a prisoner over 18 who smoked was permitted to do so in a single cell, or in a cell with a smoker.

A non- smoker must not have to share with a smoker.

Any decision to introduce smoke- free landings or wings was for prison governors to decide in consultation with staff and inmates.

All other indoor areas had to be smoke free. The court ruling will be handed down at a later date.