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SCHEDULES

SCHEDULE 4E+W+S Offences

Part IIE+W+S Procedure

Modifications etc. (not altering text)

C1Sch. 4 Pt. II: by Salmon Act 1986 (c. 62, SIF 52:2), ss. 32(6)(b), 43(4) it is provided that Sch. 4 Pt. II is amended (E.W. and as mentioned in the said s. 43(4) (border rivers))

2E+WAny offence against this Act committed on the sea-coast or at sea beyond the ordinary jurisdiction of a court of summary jurisdiction shall be deemed to have been committed in any place abutting on that sea-coast or adjoining that sea, and may be tried and punished accordingly.

3E+W+SOffences against this Act committed in Scotland shall be proceeded against and punished in Scotland.

4E+WA justice of the peace shall not be disqualified from hearing any case under this Act by reason only of being a subscriber to any society for the protection of fish, but a justice shall not be entitled to hear any case in respect of an offence committed on his own land or in relation to any fishery of which he is owner or occupier.

5E+WThe court by which a person is convicted of an offence against this Act may order the forfeiture of—

(a)any fish illegally taken by him or in his possession at the time of the offence;

(b)any instrument, bait or other thing used in the commission of the offence;

(c)in the case of an offence of unlawful possession of any substance or device in contravention of section 5 above, that substance or device; and

(d)on conviction on indictment, any vessel or vehicle used in or in connection with the commission of the offence or in which any substance or device unlawfully in his possession was contained at the time of the offence;

and may order any object so forfeited to be disposed of as the court thinks fit.

6E+W[F1Schedule 3 to the Customs and Excise Management Act 1979] (provisions relating to the forfeiture of things seized under that Act) shall apply in relation to any vessel or vehicle liable to forfeiture under paragraph 5 above as it applies in relation to anything liable to forfeiture under that Act, but in its application in relation to any such vessel or vehicle shall have effect subject to the following modifications:—

[F2(a)paragraphs 1(2) and 5 shall be omitted;]

(b)for references to [F3the appropriate agency; and]

(c)the court shall not condemn a vehicle or vessel as forfeited under paragraph 6 of that Schedule if satisfied by its owner that that offence was committed without his knowledge and that he could not have reasonably foreseen that it would be used as mentioned in paragraph 5(d) above;

and where notice of claim in respect of anything is duly given in accordance with paragraphs 3 and 4 of that Schedule, as applied by this paragraph, the court shall not exercise its power of ordering forfeiture of the vessel or vehicle under paragraph 5 above.

In this paragraph “owner”, in relation to a vessel or vehicle which is the subject of a hire-purchase agreement, means the person in possession of the vehicle under that agreement.

7E+WAn authorised officer may seize any [F4 fish ] bought, sold or exposed for sale by, or in the possession for sale of, any person in contravention of this Act.

8E+WWhere any fish or any other thing of a perishable nature is seized as liable to forfeiture under paragraph 5 above, the person by whom it is seized may sell it, and the net proceeds of sale shall be liable to forfeiture in the same manner as the fish or other thing sold, and if and so far as not forfeited shall be paid on demand to the owner; but no person shall be subject to any liability on account of his neglect or failure to exercise the powers conferred on him by this paragraph.

9E+WIf a person is convicted of an offence against this Act [F5and is subsequently convicted of any such offence], the court may order that any fishing or general licence[F6 or authorisation under section 27A above ] held by him shall be forfeited, and that he shall be disqualified from holding and obtaining a fishing or general licence[F7 or authorisation under section 27A above ] [F8or for fishing in a water authority area][F8for having his name entered on a licence in pursuance of paragraph 9 to 14 of Schedule 2 to this Act or for fishing (either in a particular area or generally)] by virtue of a fishing or general licence[F7 or authorisation under section 27A above ] for such period not exceeding [F9one year][F9five years] as the court thinks fit.

10E+WA person who is prosecuted for an offence against this Act and who is the holder of a fishing or general licence[F10 or authorisation under section 27A above ] shall either—

(a)cause it to be delivered to the [F11proper officer]of the court not later than the day before the date appointed for the hearing, or

(b)post it, at such a time that in the ordinary course of post it would be delivered not later than that day, in a letter duly addressed to the [proper officer] and either registered or sent by the recorded delivery service, or

(c)have it with him at the hearing;

and if he is convicted of the offence and the court makes an order under paragraph 9 above the court shall order the licence[F12 or authorisation under section 27A above ] to be surrendered to it; and if the offender has not posted the licence[F12 or authorisation under section 27A above ] or caused it to be delivered as aforesaid and does not surrender it as required then he shall be guilty of an offence and the licence[F12 or authorisation under section 27A above ] shall be revoked from the time when its surrender was ordered.

11E+WWhere a court orders a fishing or general licence[F13 or authorisation under section 27A above ] to be surrendered to it under paragraph 10 above, or where by an order of a court under paragraph 9 above a person is disqualified from holding or obtaining a licence[F14 or authorisation ], the court shall—

(a)send notice of the [F15order to the appropriate agency, unless that agency prosecuted] in the case;

(b)if the licence[F16 or authorisation ] has been so surrendered, retain it and [F17forward it to the appropriate agency, who] may dispose of it as they think fit.

12E+WWhere any person is convicted of an offence against this Act, the [F18proper officer] of the court before whom he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to [F19the appropriate agency].

13E+WA certificate under paragraph 12 above shall be receivable in evidence in all legal proceedings.

F20[14E+W In paragraphs 10 and 12 above “ proper officer ” means—

(a)in relation to a magistrates’ court, the [F21 designated officer ] for the court; and

(b)in relation to the Crown Court, the appropriate officer.]

Textual Amendments