A prisoner may appeal after his application for a judicial review to introduce a needle exchange in the prison service was refused.
In the first case of its kind, John Shelley, an inmate at Long Lartin prison near Evesham, said the health of drug-using prisoners was put at risk from having to share dirty needles with other inmates. He argued this was in breach of their human rights.
Shelley’s solicitor, Sean Humber, is now looking into a possible appeal after the prison service refused a judicial review of the policy over "security concerns".
Humber said: "The quality and treatment of care for prisoners is not of the same standard enjoyed by the rest of society, and the prison service needs to justify itself."
Humber added that there was no evidence to show security risks, such as prisoners using the needles as weapons.
He said health authorities used exchanges to reduce the risk of spreading diseases, including HIV and hepatitis.
DrugScope’s head of policy, Dr Marcus Roberts, said there was a "moral obligation" on the prison service to help drug users avoid serious harm. The way to do this was by introducing needle exchanges.
Three-quarters of drug users in jail share needles, and Home Office studies have shown that between 2 and 8 per cent of prisoners inject drugs.
Jersey: Simon Bellwood 'unfairly sacked' inquiry finds
Councils failing to implement government guidance issued in 2002, study says
Lone parents, disabled and drug users face tougher benefits regime
Children's homes and disabled people's services exempt from strike
Government Legislation
17 July 2008
Private Member Bills
17 July 2008
Details of government consultations
11 July 2008