PAUL BLACK FROM BLACKBURN FIGHTS UK'S HIGHEST COURT OVER JAIL SMOKING BAN
In a high-profile legal battle, Paul Black, a convicted sex offender from Blackburn, is challenging the UK’s Supreme Court to enforce a ban on smoking within prisons, arguing that the current regulations do not adequately protect inmates and staff from the dangers of second-hand smoke.Black, who is currently incarcerated at HMP Wymott near Leyland in Lancashire, has taken his case to the highest court in the land after experiencing what he describes as ongoing exposure to illicit smoking inside the prison.
His legal challenge aims to establish that the restrictions on smoking, as outlined in the 2006 Health Act, should be applicable to all Crown premises, including state-run prisons, thereby making it a criminal offense to light up in such facilities.
The case was heard before a panel of five justices at the Supreme Court in London, led by Lady Hale, the court’s president.
This hearing follows Black’s unsuccessful appeal at the Court of Appeal last year, where the judges ruled against his claim.
A verdict from the Supreme Court was anticipated on the day of the report, with a decision expected to clarify whether the Court of Appeal’s ruling was correct.
Black’s legal journey began in 2015 when he secured a High Court declaration stating that the smoking ban under the 2006 Act should extend to prisons and other Crown properties in England and Wales.
However, this victory was short-lived, as appeal judges later allowed a government challenge, asserting that the Crown was not bound by the Act and that the ban, which came into force in July 2007, did not apply to public sector prisons.
At the heart of Black’s case is the question of whether the legal restrictions on smoking should be enforced within the prison system.
He contends that prisoners, staff, and visitors—including children—are at risk from passive smoking and that the current enforcement mechanisms are inadequate.
Black has specifically requested confidential and anonymous access to the NHS Smoke-Free Compliance line, a reporting service for breaches of the smoking ban, which the Justice Secretary has refused, arguing that the Act does not impose obligations on the Crown.
Black’s background is marked by a series of serious convictions.
In 2007, at the age of 48 and residing on Preston New Road, he was sentenced to an indeterminate term after committing a sexual act on a train traveling from York to Burnley.
His criminal record includes multiple convictions for violent and sexual offenses, notably the rape of a 14-year-old girl from Blackburn and an 18-year-old woman in Rossendale.
Despite his lengthy sentence, he is not eligible for release on parole until he has served at least 192 days, a period his victim described as ‘ridiculous and disgusting,’ expressing concern that Black might re-offend if released.
Currently held at HMP Wymott, a Category C prison, Black cannot be released until the Parole Board determines he no longer poses a threat to the public.
His legal challenge emphasizes the need for clearer enforcement of smoking restrictions within the prison environment, arguing that the current legal framework leaves prisoners and staff unprotected from the health hazards of second-hand smoke.
The Prison Service has stated its commitment to a phased approach toward making prisons smoke-free, aiming to reduce exposure risks gradually and only implementing full bans when deemed appropriate.
