R (on the application of Black) (Appellant) v Secretary of State for Justice (Respondent)
Case ID: UKSC 2016/0070
Whether Chapter 1 of Part 1 of the Health Act 2006, which contains prohibitions on smoking in certain public places, binds the Crown by necessary implication.
The Appellant, Mr Black, is a prisoner. He complains that the legal ban on smoking introduced by the Health Act 2006 is not being enforced in common parts of the prison. The Appellant argues that prisoners should have confidential and anonymous access to the NHS Smoke-Free Compliance line which enables members of the public who report breaches of the law to the local authority. The Respondent, the Secretary of State, has refused this request, contending that it would serve no purpose since the Act does not bind the Crown, which administers the prison.
Secretary of State for Justice
Lady Hale, Lord Mance, Lord Kerr, Lord Hughes, Lord Lloyd-Jones
Hearing start date
31 Oct 2017
Hearing finish date
01 Nov 2017