Page:Theft Act 1968 (UKPGA 1968-60 qp).pdf/23

Rh SCHEDULE 1 Taking or killing deer 1.—(1) A person who unlawfully takes or kills, or attempts to take or kill, any deer in inclosed land where deer are usually kept 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 paragraph, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both.

(2) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing an offence under this paragraph. Taking or destroying fish 2.—(1) Subject to subparagraph (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 subparagraph, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both.

(2) Subparagraph (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 twenty pounds.

(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) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing an offence under subparagraph (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 subparagraph (3) above.