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.