article_snippet: Convicted criminals could be banned from smoking in the communal areas of prisons after a landmark court ruling.
article_snippet: Criminals could be banned from smoking in the communal areas of prisons following a landmark ruling at the High Court in London .
article_snippet: A High Court judge in London was told by Government lawyers that criminalising smoking could lead to unrest in the jails of England and Wales.
article_snippet: Prisoners can smoke in Prisoners cells with the door shut and outside in exercise yards, but both inmates and staff could face prosecution for lighting up in communal areas if a landmark ruling at the High Court in London is not overturned on appeal.
article_snippet: But giving permission to appeal, the judge acknowledged concerns in the Prison Service over the impact of the judge decision on 'prisoners who feel the need to smoke and may be resistant to the criminalising of that conduct in places where in my view The Health Act does apply.'
article_snippet: Black had also argued that prisoners were legally entitled to anonymous and confidential access to the NHS freephone smoke-free compliance line to report infringements of the rules.
article_snippet: Black's solicitor Sean Humber, head of the Prison Law Team at Leigh Day, said: 'The judgment confirms that the legal restrictions on smoking apply every bit as much in prisons as in the public places and workplaces in the wider community. '
article_snippet: The judgment is important in confirming that prisoners are entitled to the same level of protection from the risks posed by second-hand smoke as everyone else.'
article_snippet: However, a Ministry of Justice spokeswoman said; 'Prison cells in England remain exempt from the smoke-free legislation that came into effect in 2007. '
article_snippet: Since that time we have introduced a number of measures to reduce the risk of exposure of staff and prisoners to second-hand smoke.
article_snippet: we are undertaking additional measures to continue to lessen the impact of smoking in prisons. '
article_snippet: This includes tightening we current smoking controls, undertaking air quality monitoring in prison accommodation, and maximising the provision of smoking cessation support to those prisoners who want to stop smoking.'
highlights_snippet: High Court rules smoking in communal areas of prisons should be banned .
  
highlights_snippet: But Government say criminalising smoking could lead to unrest in jails .
  
highlights_snippet: Currently prisoners can smoke in cells with doors shut or in exercise yards .