Prisoners and staff at open prisons in England and Wales can no longer smoke tobacco. The ban took effect on 2 November, eight years after closed prisons became smoke-free.
HM Prison and Probation Service brought in the tobacco ban across closed prisons in stages, finishing in 2018. Open prisons kept an exemption at the time because prisoners there can use outdoor areas.
Until now, prisoners in open conditions could buy tobacco and smoke it outside as a privilege. The old version of the policy limited this to set times and set areas.
The revised Smoke Free Policy Framework removes that privilege. It now says tobacco smoking is “no longer permitted at any prison in England and Wales”. The change covers staff too. Like their colleagues in closed prisons, staff at open prisons may no longer smoke in designated outdoor areas.
The Prison Service said it had spent months preparing for the switch. It said the ban aimed to cut the health risks of smoking and second-hand smoke. That applies to staff and prisoners alike.
A Prison Service spokesperson said the update “completes the transition by extending tobacco-free rules to open prisons”. The spokesperson added that vapes, nicotine replacement therapies and healthcare support remain available. People managing nicotine dependence can still use them.
Guidance for staff on discipline sets out how governors can enforce the rule. A prisoner caught smoking in an open prison can face an adjudication. One route is Prison Rule 51(12), for having an unauthorised article. Another is Rule 51(23), for failing to comply with a rule or regulation.
The guidance also leaves room for discretion. It tells governors to deal with breaches “on a case-by-case basis”. They can consider other options, such as informal warnings or a review of incentive level. They can also look at the prisoner’s treatment needs and intention.
Governors may also weigh the nature of the breach, whether the prisoner has done it before, and their record of past adjudications.
