Office of Public Sector Information
Section 32.
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F1Sch. 1 para. 1 repealed by Deer Act 1980 (c. 49, SIF 4:3), s. 9(2)
2(1)Subject to sub-paragraph (2) below, 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 fifty pounds or, for an offence committed after a previous conviction of an offence under this sub-paragraph, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both .
(2)Sub-paragraph (1) above shall not apply to taking or destroying fish by angling in the daytime (that is to say, in the period beginning one hour before sunrise and ending one hour after sunset); but a person who by angling in the daytime 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 [F1level 1 on the standard scale.]
(3)The court by which a person is convicted of an offence under this paragraph 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)
[F2Any 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.]]
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F2Sch. 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)
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.)
Section 33(1),(2).
X1The text of Schedule 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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F1Sch. 2 Pt. I repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
| Act Amended | Amendment |
|---|---|
| F1. . . | F1. . . |
| The Public Stores Act 1875 (38 & 39 Vict. c. 25) | For section 12 (incorporation of parts of Larceny Act 1861) there shall be substituted:— |
| (1) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, in the act of committing or attempting to commit an offence against section 5 or 8 of this Act. | |
| (2) If it is made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or possession or on his premises any stores in respect of which an offence against section 5 of this Act has been committed, the justice may issue a warrant to a constable to search for and seize the stores as in the case of stolen goods, and the M1 Police (Property) Act 1897 shall apply as if this subsection were among the enactments mentioned in section 1(1) of that Act. | |
| The Army Act 1955 (3 & 4 Eliz. 2. c. 18) | For section 44(1)(b) there shall be substituted— |
| (b) handles any stolen goods, where property stolen was public or service property, or. | |
| For section 45(b) there shall be substituted— | |
| (b) handles any stolen goods, where the property stolen belonged to a person subject to military law, or | |
| In section 138(1) for the words from “receiving” to “stolen” there shall be substituted the words “handling it”. | |
| In section 225(1) after the definition of “Governor” there shall be inserted— | |
| “handles”has the same meaning as in the Theft Act 1968; | |
| and for the definition of steals there shall be substituted— | |
| “steals” has the same meaning as in the Theft Act 1968, and references to stolen goods shall be construed as if contained in that Act. | |
| The Air Force Act 1955 (3 & 4 Eliz. 2. c. 19) | The same amendments shall be made in sections 44, 45, 138 and 223 as are above directed to be made in the corresponding sections of the Army Act 1955, except that in the amendment to section 45(b) “air-force law” shall be substituted for “military law”. |
| The Naval Discipline Act 1957 (5 & 6 Eliz. 2. c. 53) | For section 29(b) there shall be substituted— |
| (b) handles any stolen goods, where the property stolen was public or service property, or. | |
| In section 76(1) for the words from “receiving” to “embezzling” there shall be substituted the word “handling”. | |
| In section 135(1) the same amendments shall be made as are above directed to be made in section 225(1) of the Army Act 1955. | |
| The Army and Air Force Act 1961 (9 & 10 Eliz. 2. c. 52) | Section 21 shall be omitted. |
F1Entry relating to the Extradition Act 1873 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2
M1 1897 c. 30.
| Act Amended | Amendment |
|---|---|
| F1. . . | F1. . . |
| F1. . . | F1. . . |
| F2. . . | F2. . . |
| The House to House Collections Act 1939 (2 & 3 Geo. 6. c. 44) | In the Schedule (offences for which a conviction is a ground for refusing or revoking a licence under the Act to promote a collection for charity) for the entry relating to the Larceny Act 1916 there shall be substituted:— “Robbery, burglary and blackmail”. |
| The Magistrates’ Court Act 1952 (15 & 16 Geo. 6. & 1 Eliz. 2. c. 55) | In Schedule 1 for paragraph 8 there shall be substituted— “8. Offences under sections 53 and 55 to 58 of the M1 Post Office Act 1953”. |
| The Visiting Forces Act 1952 (15 & 16 Geo. 6. & 1 Eliz. 2. c. 67) | In the Schedule there shall be inserted in paragraph 1(a) after the word “buggery” the word “robbery”, and in paragraph 3 there shall be added at the end— “(g) the Theft Act 1968, except section 8 (robbery)”. |
| The Finance Act 1965 (1965 c. 25) | In Schedule 10, in the Table in paragraph 1, for the words “Sections 500 to 505” there shall be substituted the words “Sections 500 to 504”. |
| The Finance Act 1966 (1966 c. 18) | In Schedule 6, in paragraph 13, for the words “Sections 500 to 505” there shall be substituted the words “Sections 500 to 504”, and the words from “together with” to “the said section 505” shall be omitted. |
| The Firearms Act 1968 (1968 c. 27) | Schedule I (offences in connection with which possession of a firearm is an offence under section 17(2)) shall be amended, except in relation to a person’s apprehension for an offence committed before the commencement of this Act, by substituting for paragraph 4— “4. Theft, burglary, blackmail and any offence under section 12(1) (taking of motor vehicle or other conveyance without owner’s consent) of the Theft Act 1968”: by omitting paragraph 7: and by substituting in paragraph 8 for the words “paragraphs I to 7” the words “paragraphs I to 6”. |
F1Sch. 2 Pt. III: entry relating to the Gaming Act 1845 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356(4), 368, Sch. 17; S.I. 2006/3272, art. 2(4) (with savings in art. 4) (with transitional provisions in Sch. 4)
F2Entry relating to the Bankruptcy Act 1914 repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 9 para. 11, Sch. 10
M1 1953 c. 36.
Theft Act 1968