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. 

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

"I do not accept that the purpose of the Act would be wholly frustrated if Chapter 1 of Part 1 did not apply to the Crown. Although it is true that the 2004 White Paper (i) recognised the dangers of both active and passive smoking, (ii) noted a change in public attitude to smoking restrictions over recent years and (iii) expressed the desire to “shift the balance significantly” in favour of smoke-free environments, nevertheless it also stated that whether to ban smoking in certain establishments (including prisons) would need to be the subject of consultation. In other words, it acknowledged that it would not necessarily be appropriate to extend the smoking ban to all premises. Although the general aim of the Act was to shift the balance in favour of smoke-free environments, the Act did not require all premises to be smoke-free. Smoke-free premises are carefully defined. Moreover, there is a wide power in section 3(1) to pass regulations excluding categories of premises from the reach of section 2. The purpose of the Act cannot, therefore, be said to be to apply Chapter 1 of Part 1 to all premises. In these circumstances, it is impossible to hold that, if Chapter 1 of Part 1 were not to apply to the Crown, the purpose of the Act would be wholly frustrated."