Search Legislation

Tobacco Advertising and Promotion Act 2002

Section 16: Penalties

60.This section sets out the penalties for offences under the Act as being either a fine or imprisonment. "Summary conviction" means that a prosecution is dealt with by magistrates courts (or, in Scotland by the sheriff or district court, without a jury). "Conviction on indictment" means that prosecution is dealt with in the Crown Court (or, in Scotland the sheriff or High Court with a jury).  The penalty for obstructing an officer is a fine not exceeding level 3 on the standard scale; any other offences are punishable on summary conviction by a fine not exceeding level 5 on the standard scale, up to six months imprisonment, or both; and on indictment an unlimited fine, up to two year's imprisonment, or both. A fine at level 3 is currently £1000 and at level 5, £5000.

61.The Government would expect most offences to be dealt with summarily, as they would not be of the gravity or seriousness which would merit being tried on indictment.  However, the possibility of a longer term of imprisonment and unlimited fines are being made available to ensure that those who might be tempted to breach the legislation repeatedly would face appropriate penalties.

Back to top


Print Options


Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources