Prisoner sues after he is banned from smoking
A prisoner addicted to tobacco is seeking damages after he was banned from smoking for swearing at a prison officer.
Lawyers acting for Jack Richard Foster claim the staff at High Down prison, Surrey, breached their client's human rights by submitting him to ''cruel and unusual punishment''.
They argued that, as a tobacco addict and habitual smoker, he should have been given nicotine skin patches, chewing gum or some other means to satisfy his nicotine craving during the period the smoking ban was in force.
Philip Rule, appearing for Foster, said at the High Court in London today the case also raised concern over the adequacy of the guidance given by Justice Secretary Jack Straw concerning the denial of nicotine to prisoners as a punishment for breaches of discipline.
Mr Justice Collins adjourned the case so that more information could be gathered. He said it should come on for a full hearing in June-July this year.
He described the legal issue raised as ''quite an important one for the future''.
A mixture of law, politics, autobiography and humour. Once described as "The Devilish Advocate" (Guardian), I do have the ability to provoke a response. Sometimes it comes from someone who uses a thought process, and sometimes from jerks usually associated with the knee.
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