Secretary of State for Justice v Black [2016] EWCA Civ 125

Judgement 8 March 2016
“[1] The issue that arises in this appeal is whether Part I of the Health Act 2006 (“the Act”), which contains prohibitions on smoking in certain places and introduces various mechanisms by which such prohibitions are to be enforced, applies to Crown premises, and in particular whether it applies to HMP Wymott (a state-run prison in which the claimant is detained).
[2] The claimant sought to challenge the Secretary of State’s decision to refuse to provide confidential and anonymous access at that prison to the NHS Smoke-Free Compliance Line. The main basis for the challenge was that the Secretary of State had misdirected himself in law, by concluding that the ban on smoking set out in Chapter 1 of Part 1 of the Act did not bind the Crown and that the Act did not therefore require HMP Wymott to implement the ban.”
Find judgment here.