The legal ban on smoking in public places does not apply to state prisons and other Crown premises in England and Wales, the Court of Appeal has ruled.
Three judges allowed a Government appeal against a High Court ruling that the ban covered all public places and all workplaces, including those for which the Crown was responsible.
The judges unanimously agreed that the Crown was not bound by the smoking ban legislation.
Government lawyers had warned the court at a recent hearing that a "particularly vigorous" ban on smoking in state prisons could cause discipline problems and risk the safety of staff and inmates.