Taking or destroying fishE+W
2[F1(1)A person who unlawfully takes or destroys, or attempts to take or destroy, any fish in water which is private property or in which there is any private right of fishery shall on summary conviction be liable to a fine not exceeding level 5 on the standard scale.]
F1(2)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The court by which a person is convicted of an offence under [F3sub-paragraph (1) above]F3 may order the forfeiture of anything which, at the time of the offence, he had with him for use for taking or destroying fish.
(4)[F4Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing an offence under sub-paragraph (1) above, and may seize from any person who is, or whom he, with reasonable cause, suspects to be, committing any offence under this paragraph anything which on that person’s conviction of the offence would be liable to be forfeited under sub-paragraph (3) above.F4F4]
Textual Amendments
F1Sch. 1 para. 2(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 228(2), 324; S.I. 2009/3345, art. 2(2), Sch. para. 14
F2Sch. 1 para. 2(2) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 228(3), 321, 324, Sch. 22 Pt. 5B; S.I. 2009/3345, art. 2, Sch. paras. 14, 27(b)
F3Words in Sch. 1 para. 2(3) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 228(4), 324; S.I. 2009/3345, art. 2(2), Sch. para. 14
F4Sch. 1 para. 2(4) ceases to have effect in part (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 38; S.I. 2005/3495, art. 2(1)(m)
Modifications etc. (not altering text)
C1Sch. 1 para. 2(1): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)