A prisoner at High Down Prison in Surrey who says he is addicted to tobacco is suing the prison service for having had his access to tobacco curtailed without having been offered nicotine replacement therapy.

The Press Association reports that Jack Richard Foster was banned from smoking after he swore at a prison officer. Lawyers representing him claim that to withdraw his access to cigarettes without nicotine replacement therapy amounted to a ‘cruel and unusual punishment’ – and say that he should have been given nicotine gum or nicotine replacement patches to satisfy his craving for cigarettes while the punishment was in force.

Sitting in the High Court in London, Mr Justice Collins adjourned the case so that more evidence could be obtained – a full hearing is expected in June or July.

However, lawyers representing Mr Foster in court said that the case highlighted potentially inadequate advice given by the Justice Secretary Jack Straw regarding the withdrawal of nicotine as a means of punishing prisoners.

Mr Justice Collins said that the issue raised was ‘quite an important one for the future’.

Foster underwent his smoking ban at the age of 19 in February 2008, when he was being accommodated as a young offender at High Down Prison.

He had his access to tobacco withdrawn for seven days for swearing at a prison officer, as well as losing 14 days of canteen privileges and seven days of earnings.

© 5r1 Limited 2010