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

A person guilty of an offence against any provision of this Act not specified in the Table shall be liable on summary conviction to a fine not exceeding F1level 4 on the standard scale or, in the case of a second or subsequent conviction, F1level 4 on the standard scale.

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.

Table

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 ...

F3F2 Three months or the statutory maximum or both.

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...

F3F2 Three months or the statutory maximum or both;

F2(ii) on indictment...

F2Two years or a fine or both.