Black v. Secretary of State for Justice

A prisoner claimed that smoking should be prohibited inside a state-run prison. The lower court ruled that the national law prohibiting smoking in workplaces also applied to prisons, including state prisons. The Secretary of State for Justice appealed the decision. The appeals court found that the state is not bound by the national law prohibiting smoking in the workplace. Therefore, the prison is not required to implement the smoking ban. 

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Black v. Secretary of State for Justice, EWHC 528 Civ 125, Royal Courts of Justice (2016).

  • United Kingdom
  • Mar 8, 2016
  • Royal Courts of Justice

Parties

Plaintiff Secretary of State for Justice

Defendant Paul Black

Legislation Cited

Health Act 2006

Human rights Act 1998

Prison Rules 1999

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None