Salmon Act 1986

22 Offence of possessing salmon which have been illegally taken, killed or landed

(1) After section 7 of the [1951 c. 26.] Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 there shall be inserted the following section—

“7A Offence of possessing salmon which have been illegally taken, killed or landed.

(1) A person who—

(a) is in possession of salmon and believes; or

(b) is in possession of salmon in circumstances in which it would be reasonable for him to suspect

that a relevant offence has at any time been committed in relation to the salmon shall be guilty of an offence and liable—

(i) on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum or both;

(ii) on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine or both.

(2) It shall be a defence in proceedings for an offence under this section to show that no relevant offence had in fact been committed in relation to the salmon.

(3) It shall be lawful to convict a person charged under this section on the evidence of one witness.

(4) For the purposes of this section an offence is a relevant offence in relation to a salmon if—

(a) it is committed by taking, killing or landing that salmon, either in Scotland or in England and Wales; or

(b) that salmon is taken, killed or landed, either in Scotland or in England and Wales in the course of the commission of the offence.

(5) In subsection (4) above, " offence ", in relation to the taking, killing or landing of salmon either in Scotland or in England or Wales, means an offence under the law applicable to the place where the salmon is taken, killed or landed.

(6) A person shall not be guilty of an offence under this section in respect of conduct which constitutes a relevant offence in relation to any salmon or in respect of anything done in good faith for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.

(7) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(8) Where the affairs of a body corporate are managed by its members, subsection (7) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.”.

(2) In section 11 of that Act (power of search)—

(a) in each of subsections (1) and (3) for the words " three and four" there shall be substituted " 1 to 4, 7 and 7A " ;

(b) after the said subsection (3) there shall be inserted the following subsection—

“(3A) Where a constable has reasonable grounds for suspecting that an offence against section 7A of this Act is being committed and that evidence of the commission of the offence is to be found in any premises (other than a dwelmg-house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith) but by reason of urgency or other good cause it is impracticable to apply for a warrant to search such premises, he may search them without warrant.”;

(c) in subsection (4)—

(i) for the words " section three or section four " there shall be substituted " any of the provisions of sections 1 to 4, 7 and 7A " ;

(ii) after the word " thereon " there shall be inserted the words— “or in any stationary vehicle on—

(a) a road within the meaning of the [1984 c. 54.] Roads (Scotland) Act 1984; or

(b) a highway within the meaning of the [1980 c. 66.] Highways Act 1980

adjoining such water or such land,”.