Commentary on Sections The structure of the Act Section 1 – Offence of smoking in a motor vehicle with children
6.Section 1 sets out the offence created by the Act. With one exception, the offence is committed in any situation where an adult (i.e. person aged 18 or over) smokes in a private motor vehicle when a child (i.e. person under the age of 18) is also present in the vehicle and the vehicle is in a public place.
7.The exception is set out in subsection (2). This provides that the offence is not committed if the vehicle is designed or adapted for use as living accommodation (a motorhome for example), is parked, and is being used as living accommodation (for example, by a member of a Travelling community, or by a holiday-maker).
8.Subsection (3) deals with the penalty for committing the offence in subsection (1) which, on summary conviction, is a fine not exceeding level 3 on the standard scale (currently £1,000). In practice, fixed penalties are liable to be offered as an alternative to prosecution; therefore any such fine is only likely to be incurred if a fixed penalty is not paid or accepted, a decision is then made to prosecute the person concerned for the section 1 offence, and the person is then convicted in the sheriff or Justice of the Peace Court (which would decide the amount of the fine, up to the maximum allowable, according to the facts and circumstances).