london - Smoking can not be banned in prisons in England and Wales. The highest court in Britain found this in a case filed by a detainee who said he was being bothered by smoking fellow inmates.
The president of the court said with 'considerable reluctance' to conclude that the 2006 health law, which prohibits smoking in offices, cafes and closed spaces, does not apply to buildings that are government or crowned. According to British law, the crown domains should have been explicitly mentioned in the law to be applicable there as well.
The detainee is sentenced to life imprisonment and suffers from poor health. He won the case initially, but lost on appeal. The British Ministry of Justice has now instituted a smoking ban in half of the 120 prisons in England and Wales. It is not clear what happens to this.