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Prisons

Regina (Black) v Secretary of State for Justice [2016] EWCA Civ 125

15 March 2016

CA: Lord Dyson MR, McCombe , David Richards LJJ

Prisons - Prisoners' rights - Smoking - Non-smoking prisoner complaining of breaches of smoking restrictions by fellow prisoners and prison officers in state prison - Whether smoke-free legislation binding Crown so as to apply to prisons - Whether Secretary of State to grant prisoners access to phone line for confidential reporting of breaches of legislation - Health Act 2006 (c 28), Ch 1, Pt 1

The claimant, a serving prisoner, was a non-smoker with serious health problems. Concerned about his exposure to second-hand tobacco smoke, he complained to the prison governor of smoking in areas where smoking was prohibited under Chapter 1 of Part 1 of the Health Act 2006. His request that the National Health Service Smoke-Free Compliance Line be added to the prison phone system for all prisoners to enable the confidential...

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