SCHEDULES
SCHEDULE 4 Offences
Part I Prosecution and Punishment
1
1
Column 2 of the Table below gives a description of the offences against the provisions of this Act specified in column 1 of the Table, and in relation to any such offence—
a
column 3 shows whether the offence is punishable summarily (that is to say, on summary conviction) or on indictment or either in one way or the other; and
b
column 4 shows the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in column 3 (that is to say, summarily or on indictment), any reference in column 4 to a period of years or months being construed as a reference to a term of imprisonment for that period.
2
3
A person shall be treated as acting together with another for the purposes of the above Table if
F5a
both are engaged in committing—
i
an offence under section 1 above, other than one committed without any instrument, or
ii
an offence under section 27 above, other than one committed by means of a rod and line (only), or
b
one is aiding, abetting, counselling or procuring the commission of such an offence by the other.
Provision of Act creating the offence | Description of offence | Mode of prosecution | Punishment |
---|---|---|---|
(1) | (2) | (3) | (4) |
F2Section 1 ... | F2Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish. | F2(a) Summarily ... | |
F2On indictment ... | F2Two years or a fine of both. | ||
Section 4 ... | Discharging poisonous or injurious matter into waters containing fish or spawn. | (a) Summarily ... ... ... | F4The prescribed sum and £40 for each day on which the offence continues after a conviction thereof. |
(b) On indictment ... ... | Two years or a fine or both. | ||
Section 5(1) ... | Using explosives, poisons, noxious substances or electrical devices to take or destroy fish. | (a) Summarily ... ... ... | F7 £50,000 . |
(b) On indictment ... ... | Two years or a fine or both. | ||
Section 5(3) ... | Destroying or damaging dams etc., to take or destroy fish. | (a) Summarily ... ... ... | F4The prescribed sum. |
(b) On indictment ... ... | Two years or a fine or both. | ||
F6. . . | F6. . . | F6. . . | F6. . . |
F6. . . | F6. . . | F6. . . | F6. . . |
F6. . . | F6. . . | F6. . . | F6. . . |
F6. . . | F6. . . | F6. . . | F6. . . |
F6. . . | F6. . . | F6. . . | F6. . . |
F2Section 27 ... | F2Fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing. | F2(a) If the instrument in question, or each of the instruments in question, is a rod and line, summarily. | F2Level 4 on the standard scale |
F2(b) in any other case— | |||
F2(i)summarily... | |||
F2(ii) on indictment... | F2Two years or a fine or both. |