A sex offender, who suffers from a range of health problems made worse by second-hand smoke, calls for the ban to be enforced.
12:40, UK, Thursday 05 March 2015
A High Court judge has ruled the ban on smoking in public places applies to all prisons, despite fears it could lead to unrest in jails in England and Wales.
He said he suffers from a range of health problems made worse by smoke.
Smoking is allowed in cells with the doors shut, but banned in communal areas.
Black argued not enough was being done to stop prisoners and staff lighting up in areas that were supposed to be smoke-free.
The judge rejected an argument by Justice Secretary Chris Grayling that the 2006 Health Act does not "bind the Crown" and therefore does not apply in state prisons.
Mr Justice Singh said: "In my judgment it is clear from the terms of the 2006 Act ... that the intention of Parliament was indeed that it should apply to all public places and workplaces which fell within its scope, including those for which the Crown is responsible."
The Act makes smoking a criminal offence in enclosed public places and workplaces.
Black, a convicted sex offender, went to court to argue that inmates should be able to make anonymous calls to the NHS freephone line set up to report infringements of the rules.
Although he did not win a ruling on access to the hotline, the judge said Mr Grayling would be expected to re-examine the issue after the latest ruling.
He acknowledged there might be good reasons "in the interests of of security and order in prisons why prisoners should not generally be allowed confidential and anonymous access to external phone numbers".
Black is currently serving a sentence of indeterminate detention for public protection (IPP) after being convicted of sexual assault and outraging public decency.
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