35 Removal of differential penalties under Salmon and Freshwater Fisheries Act 1975.E+W+S
(1)In the Table in Part I of Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (mode of prosecution and punishment for offences), for the entries relating to sections 1 and 27 (being entries which make different provision according to whether the offender acted with another and do not provide for imprisonment on summary conviction) there shall be substituted the following entries, respectively—
| Provision of Act creating the offence | Description of offence | Mode of prosecution | Punishment |
|---|---|---|---|
| (1) | (2) | (3) | (4) |
| “Section 1... | Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish. | (a) Summarily ... ... ... ... | Three months or the statutory maximum or both. |
| (b) On indictment ... ... ... ... | Two years or a fine or both. | ||
| Section 27 ... | Fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing. | (a) If the instrument in question, or each of the instruments in question, is a rod and line, summarily. | Level 4 on the standard scale. |
| (b) In any other case— | |||
| (i) summarily ... ... ... | three months or the statutory maximum or both; | ||
| (ii) on indictment ... ... ... | two years or a fine or both.”. | ||
(2)Subsection (1) above shall not affect any proceedings in respect of, or the punishment for, an offence committed before that subsection comes into force.