Smoking ban applies in prison rules high court judge
steveh31
Posts: 13,516 Forum Member
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http://news.sky.com/story/1439191/smoking-ban-applies-to-prisons-court-rules
A prisoner who suffers from various illnesses made worse by smoke has won a case and is calling for the smoking ban to be enforced.
The judge rejected an argument by Justice Secretary Chris Grayling that the 2006 Health Act does not "bind the Crown" and therefore does not apply in state prisons.
Smoking is allowed in cells with the doors shut, but banned in communal areas. Black, however, argued not enough was being done to stop prisoners and staff lighting up in areas that were supposed to be smoke-free.
Black, a convicted sex offender, went to court to argue that inmates should be able to make anonymous calls to the NHS freephone line set up to report infringements of the rules.
Although he did not win a ruling on access to the hotline, the judge said Mr Grayling would be expected to re-examine the issue after today's ruling.
A prisoner who suffers from various illnesses made worse by smoke has won a case and is calling for the smoking ban to be enforced.
The judge rejected an argument by Justice Secretary Chris Grayling that the 2006 Health Act does not "bind the Crown" and therefore does not apply in state prisons.
Smoking is allowed in cells with the doors shut, but banned in communal areas. Black, however, argued not enough was being done to stop prisoners and staff lighting up in areas that were supposed to be smoke-free.
Black, a convicted sex offender, went to court to argue that inmates should be able to make anonymous calls to the NHS freephone line set up to report infringements of the rules.
Although he did not win a ruling on access to the hotline, the judge said Mr Grayling would be expected to re-examine the issue after today's ruling.
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Comments
Yeah, I sympathise with his plight - barely.
Maybe they can be like some hospitals and ban it anywhere within the grounds so they can set up a smoking shelter outside the walls, that would work really well.
I would have thought prison cells were covered by the same law as hotel rooms (some hotels choose to be non smoking in all rooms they do not have to be) , a persons temporary accommodation away from home and not a public space.
Public spaces are different to a person's accommodation be that full time or temporary and a cell is accommodation.
In most prisons it's shared accomodation.
Which would push what is a highly volatile environment over the edge in many cases , adding pressure to staff , resulting in damage to property and possibly people some of whom may be innocent and on remand . Punish the guilty yes but with common sense.
I don't think they have the staff to 'police' all that. Even with no extra outside exercise time, handing out smoking gear and searching everyone after, will strain the system.
What you mean a compromise? Anti smokers don't want that as it's an exercise in controlling everyone, not be reasonable.
Exactly, otherwise they will have riots IMO.
Yeah that would mean people have a choice. Like having some pubs smoking and some not. The anti-brigage would hate that. People doing anything they don't personally approve of! The very thought...!
It's simply about prisons being subject to the same existing constraints as other public-private spaces. No new anti-smoking boundaries are being created or extended.
It's no more about protecting a 'pervert's' health than it is to protect the health of perverts outside.
Why do you believe convicted criminals in prison should have rights (in this case to smoke) that are denied to the law abiding?
Over there inmates don't mess with the guards, here prisoners rule.
Clamp down on all smoking in prisons, get the sniffer dogs in to find the tobacco.
Let's stop having non smokers having this vile habit forced on them in prisons.
They could stop committing crimes
You have the perfect username for this thread. :cool:
As could people who want to continue smoking.
Not being able to smoke could be the best thing to happen to many addicts currently incarcerated.
find it very hard to feel sympathy with a sex offender, by the very nature of his crime he is scum therefore I could not care less if he gets ill through being affected by smoke or any other thing deemed hazardous to health.
Would you prefer to provide him or others with an opportunity to claim damages?