Clause 8 - Fixed penalties for offence of smoking in smoke-free place
Health Bill
4:45 pm
Stephen Williams (Shadow Minister, Health; Bristol West, Liberal Democrat)
The hon. Gentleman has covered rather well the ground on which I would have touched, and I shall not repeat anything that he has said. The one thing that he did not mention was paragraph 14 of schedule 1, which is activated by the clause. It refers to the rights of somebody who is issued with a fixed penalty notice to elect a trial instead of paying the fine immediately. If somebody were to elect a trial, and they were to be found guilty of the offence of smoking in a public place, with no reasonable defence—such as not having seen the signs—what would be the penalty? Would it be the original fixed penalty or, as I understand is often the case when somebody elects to go to court, might the magistrate or judge impose a higher fine or another type of sentence as a deterrent?