Part 1Tobacco products etc.
Chapter 1Display, sale and purchase of tobacco products
Miscellaneous
7Confiscation of tobacco products from persons under 18
1
Where a constable has reasonable grounds for suspecting that a person in a public place—
a
is under the age of 18, and
b
is in possession of a tobacco product or cigarette papers,
the constable may require the person to surrender the tobacco product or, as the case may be, the cigarette papers to the constable.
2
A constable making a requirement under subsection (1) may also require the person to supply the constable with the person's name and address.
3
Where a constable makes a requirement under subsection (1) the constable must inform the person concerned—
a
of the constable's suspicion, and
b
of the fact that failure to comply with a requirement made under subsection (1) or (2) is an offence.
4
A constable may arrest without warrant any person who fails to comply with a requirement made under subsection (1).
5
A person who fails to comply with a requirement made under subsection (1) or (2) commits an offence.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
7
The constable may dispose of any tobacco product or cigarette papers surrendered to the constable in such manner as the constable considers appropriate.
8
In this section “public place” includes—
a
any place to which the public have access for the time being (whether on payment of a fee or otherwise), and
b
any place to which the public do not have access but to which the person mentioned in subsection (1) has unlawfully gained access.