Question
Read the following and then answer the questions below Health Act 2006 Section 7: Offence of smoking in smoke-free place (1)In this section, a smoke-free
Read the following and then answer the questions below
Health Act 2006
Section 7: Offence of smoking in smoke-free place
(1)In this section, a "smoke-free place" means any of the following
(a)premises, so far as they are smoke-free under or by virtue of sections 2 and 3 (including premises which by virtue of regulations under section 3(5) are smoke-free except in relation to performers),
(b)a place, so far as it is smoke-free by virtue of section 4,
(c)a vehicle, so far as it is smoke-free by virtue of section 5.
(2)A person who smokes in a smoke-free place commits an offence.
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(4)It is a defence for a person charged with an offence under subsection (2) to show that he did not know, and could not reasonably have been expected to know, that it was a smoke-free place.
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(6)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding a level on the standard scale specified in regulations made by the Secretary of State.
1.a) What is the actus reus of this offence?
1.b) What is the mens rea of this offence?
1.c) Is it a criminal offence to smoke in a vehicle?
1.d) In which English court would a person be prosecuted for this offence?
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