A SEX offender from Blackburn has won a landmark ruling that a ban on smoking in public also applies to prisons.

Repeat pervert Paul Black, who was jailed for sexual assault in 2007, yesterday won his legal battle after claiming second-hand smoke from other inmates exacerbated his health problems.

A High Court judge yesterday sided with Black despite fears imposing the ban could lead to unrest in jails across England and Wales.

Sitting in London, Mr Justice Singh said: “In my judgement, it is clear from the terms of the 2006 Health Act the intention of Parliament was indeed that is should apply to all public places and workplaces which fell into its scope, including those for which the Crown is responsible.”

Justice Secretary Chris Grayling had argued the act, which banned smoking in enclosed public spaces and workplaces, did not apply to state prisons.

Because of the importance of the case, the judge postponed his ruling taking effect to give the Justice Secretary time to appeal to the Court of Appeal.

In 2007, Black, then 48 and of Preston New Road, was given an indeterminate sentence after carrying out a sex act on a train from York to Burnley.

He also has several previous convictions for violent and sexual assault, including the rape of a 14-year-old girl from Blackburn, and the rape of an 18-year-old girl in Rossendale.

Black was ordered to serve at least 192 days before being considered for parole, a sentence described as ‘ridiculous and disgusting’ by his victim, who said he would re-offend if he was released.

However, he cannot be released on licence from HMP Wymott until the Parole Board decides he is no longer a danger to the public.

Black claimed staff and prisoners at the category C prison, near Leyland, were smoking in areas where it was not allowed, and that not enough was being done to stop them.

Smoking is currently permitted in cells of state prisons with the door shut, but not in communal areas.

Shaheen Rahman, representing Black, told the court Black was often exposed to smoking in areas of the prison where it was banned, including landings, laundry rooms, and healthcare waiting rooms.

Although Black did not win a ruling prisoners were specifically entitled to access the NHS anti-smoking hotline, the judge said the justice secretary should reconsider the issue in light of the ruling.