London - A British judge ruled yesterday that actively homosexual prisoners should be prescribed condoms to cut the risk of HIV and other sexually transmitted diseases.
But Justice Latham, ruling on a legal challenge by a gay prisoner, said condoms should not be available on demand and that the Prison Service was entitled to maintain its policy of not being seen to encourage homosexual activity.
"It seems to me that whenever a prison medical officer is satisfied that a request for condoms is from a genuine homosexual who is intent on indulging in what would otherwise be unsafe sex, he should prescribe condoms," the judge said.
The challenge was brought by Glen Fielding, who was refused condoms while serving a sentence at Littlehey prison in central England.
The judge held that while there was nothing wrong with the Prison Service's condom policy, it had been misapplied in Fielding's case.