When the smoking ban takes effect, what will be the position in prisons?

Question

Prisons can be considered to be a workplace. If smoking is banned in prisons will this be an infringement of the human rights of convicts?
How do their rights stack up against the rights of ordinary hard working people who happen to smoke?

Please note that this question has relevance to UK., not US. A convict sued the government for depriving him of his cocaine last year -and won.
No offence to our US friends

Answer 1

GOOD question
I hope that they only allow smoking in certain areas,

Answer 2

It's fair to assume that the smoking ban in England will be enforced along the same lines as it is in Scotland, where it has been in force for nearly a year. Here, prisons are among the few workplaces which are exempted from the effects of the legislation on the grounds hat they are not "Public Places" within the meaning of the Act. Psychiatric hospitals and hotel bedrooms are exempted on the same basis.

Although buses and taxis are included in the ban, cars being used for driving lessons, and police cars are not.

Finally, the definition of "enclosed public place" covers any structure with a roof and two or more walls. i.e. some, bus shelters are now no-smoking zones, while some are not. It all depends on whether they've got ends!

Answer 3

I see Americans are answering questions from the UK/Ireland site again and confusing the issue.

The answer is, prison cells are proposed to be exempt. The draft legislation is The Smoke-free (Exemptions and Vehicles) Regulations 2007. Section 5 says, where relevant:

"Other residential accommodation
5. —(1) A designated room that is used as accommodation for persons aged 18 years or over in the premises specified in paragraph (2) is not smoke-free.

(2) The specified premises are—

(a)...

(b)...

(c) prisons.


(3) In this regulation "designated room" means a bedroom or a room used only for smoking which—

(a) has been designated in writing by the person having charge of the premises in which the room is situated as being a room in which smoking is permitted;

(b) has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls;

(c) ...

(d) ...

(e) except where the room is in a prison, does not have any door that opens onto smoke-free premises which is not mechanically closed immediately after use."

So there you have it - the definitive answer.

All other smoking ban information can be found at http://www.smokefreeengland.co.uk/

Roll on 1 July - Independence Day for those who love pubs but HATE coming home smelling as bad as a smoker.

Answer 4

A smoking ban has already taken effect where I live. The ban also includes prisons. The inmates are no longer allowed ANY tobacco products. Tobacco is now considered contraband. There were some very grumpy inmates for several months, but I don't think anyone would consider it a violation of their rights by any stretch of the imagination. It's more like a freedom that they can no longer enjoy -- like fast food or alcoholic beverages.

Answer 5

Now there's a thought. What will the prison tobacco barons do about that? Smoking as usual will probably be the order of the day. We are after all talking about convicted criminals here who are best described as unreasonable. They do not obey the law anyway and they're certainly not going to be inconvenienced by something so 'petty' as a smoke ban - no sir!

Answer 6

What an interesting question. Also waht happens in their cells, especially itf not all cell mates smoke, maybe they will only be allowed to smoke outside. It could cause trouble for the guards if the prisoners kick off over this, but if it is the law?

Answer 7

Harden criminals lost their political rights after their convictions. I wouldn't classify a smoking ban as an infringement on anyone's "human rights". I don't think banning smoking in prisons would be the same as torture or mistreatment.

Answer 8

No.

Many prisons have already banned smoking. It's not a human rights issue... if anything it is a civil rights one; but, once you are in prison, convicted of a crime, you forfeit your civil rights.

Answer 9

I think their rights went right out of the window the day they decided to commit a crime. They get far too many privileges as It is, if you ask me they should ban TV for them as well, as far as I am concerned they get treated far too well. prison should be a place where you are punished for what you did. Not a university for criminals that have enough time to get themselves every PhD and degree under the sun.
before all you do gooders start ranting and raving how it will change them to make a better future for themselves. I seriously doubt it.

Answer 10

Absolutely right! Lets take an over-crowded bunch of caged up criminal misfits and force them to adhere to even more social rules for "their own good." Undoubtedly that will be a rousing success, considering how well they like to conform to society's rules in the first place.

Answer 11

No smoking must be imposed everywhere including the prisons.