Salmon Act 1986

32 Handling [F1 fish] in suspicious circumstances. E+W+S

(1) Subject to subsections (3) and (4) below, a person shall be guilty of an offence if, at a time when he believes or it would be reasonable for him to suspect that a relevant offence has at any time been committed in relation to [F2 any fish to which this section applies] , he receives [F3 that fish] , or undertakes or assists in its retention, removal or disposal F4 ..., or if he arranges to do so.

[F5 (1A) This section applies to—

(a) salmon, trout, eels, lampreys, smelt and freshwater fish; and

(b) fish of such other description as may be specified for the purposes of this section by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.]

(2) For the purposes of this section an offence is a relevant offence in relation to [F6 a fish to which this section applies] if—

(a) it is committed by taking, killing or landing [F7 , or selling,] [F8 that fish] , either in England and Wales or in Scotland; or

(b) [F9 that fish] is taken, killed or landed, [F10 or sold,] either in England and Wales or in Scotland, in the course of the commission of the offence.

(3) It shall be immaterial for the purposes of subsection (1) above that a person’s belief or the grounds for suspicion relate neither specifically to a particular offence that has been committed nor exclusively to a relevant offence or to relevant offences; but 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 [F11 fish] in question.

(4) 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 [F12 fish to which this section applies] 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.

(5) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, [F13 to a fine not exceeding the statutory maximum] ;

(b) on conviction on indictment, [F14 to a fine] .

(6) The M1 Salmon and Freshwater Fisheries Act 1975 shall have effect as if—

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in sections 33(2) (warrants to enter suspected premises), 36(1) (water bailiffs to be constables for the purpose of enforcing Act) and 39(1) (border rivers) and in paragraph 39(1)(a) of Schedule 3 (prosecution by water authorities) and Part II of Schedule 4 (procedure on prosecutions), the references to that Act included references to this section.

(7) In this section “offence”, in relation to the taking, killing or landing [F16 , or selling,] of [F17 a fish to which this section applies] either in England and Wales or in Scotland, means an offence under the law applicable to the place where [F18 the fish] is taken, killed or landed [F19 or sold] .

[F20 (8) In this section “salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975.]

Textual Amendments

F1 Word in s. 32 substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F2 Words in s. 32(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(3)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F3 Words in s. 32(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F4 Words in s. 32(1) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(3)(c), 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 14, 27(b)

F5 S. 32(1A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F6 Words in s. 32(2) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F7 Words in s. 32(2)(a) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F8 Words in s. 32(2)(a) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F9 Words in s. 32(2)(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F10 Words in s. 32(2)(b) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F11 Word in s. 32(3) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(6), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F12 Words in s. 32(4) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(7), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F13 Words in s. 32(5)(a) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(8)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F14 Words in s. 32(5)(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(8)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F15 S. 32(6)(a) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 19, Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 15(i), 27(b)

F16 Words in s. 32(7) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(9)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F17 Words in s. 32(7) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(9)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F18 Words in s. 32(7) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(9)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F19 Words in s. 32(7) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(9)(d), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F20 S. 32(8) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(10), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

Marginal Citations

M1 1975 c. 51.