M
mel Crighton
Guest
A reply has been recieved in response to a letter sent,
Thank you for your letter dated 13th May 2004.
May I deal separately with what I see as the five main issues you highlight.
1. Fixed Penalty
Thank you for your useful and interesting comments regarding the use of an on the spot fine to deter licence evaders. The Agency is currently considering and is in consultation with Government regarding the introduction of a fixed penalty scheme for discharging straightforward rod and line offences, although the exact method of operation would be constrained by the legislative provisions of the Environment Act.
2. Rod licence offenders register
With regards to your suggestion of a register listing all previous offenders, the Agency does indeed have such a database. If a repeat offender is caught again, details are recorded within the case files and, when brought before a magistrate this is pointed out to them. It is the experience of the Agency, that the courts do give significantly higher fines to those that have been highlighted as being previously guilty of the same offence.
3. Courts and Fines
The Agency does not have the power to request levels of fines ? that is for the courts to decide and this does vary across the country and from magistrate to magistrate. The Agency does not keep the fines and they go straight to Treasury. We do however retain all cost awarded for any rod licence case. Our legal team does run road shows across the country educating magistrates in environmental crime ? rod licences being part of this programme. Such proactive action does increase awareness of the gravity of such an offence and generally results in higher fines being given.
4. Prosecution of Commercial operators / angling clubs
There is no legislative power for the Agency to enforce on any landowner or operator the need for a customer?s rod licence to be current and valid before they allow an individual to fish. The Salmon and Freshwater Act 1975 requires an individual to have in his / her possession a valid rod and line licence but there is no requirement for this to be upheld by the owner of the fishery. It is the responsibility of the angler and no one else.
Thank you for your letter dated 13th May 2004.
May I deal separately with what I see as the five main issues you highlight.
1. Fixed Penalty
Thank you for your useful and interesting comments regarding the use of an on the spot fine to deter licence evaders. The Agency is currently considering and is in consultation with Government regarding the introduction of a fixed penalty scheme for discharging straightforward rod and line offences, although the exact method of operation would be constrained by the legislative provisions of the Environment Act.
2. Rod licence offenders register
With regards to your suggestion of a register listing all previous offenders, the Agency does indeed have such a database. If a repeat offender is caught again, details are recorded within the case files and, when brought before a magistrate this is pointed out to them. It is the experience of the Agency, that the courts do give significantly higher fines to those that have been highlighted as being previously guilty of the same offence.
3. Courts and Fines
The Agency does not have the power to request levels of fines ? that is for the courts to decide and this does vary across the country and from magistrate to magistrate. The Agency does not keep the fines and they go straight to Treasury. We do however retain all cost awarded for any rod licence case. Our legal team does run road shows across the country educating magistrates in environmental crime ? rod licences being part of this programme. Such proactive action does increase awareness of the gravity of such an offence and generally results in higher fines being given.
4. Prosecution of Commercial operators / angling clubs
There is no legislative power for the Agency to enforce on any landowner or operator the need for a customer?s rod licence to be current and valid before they allow an individual to fish. The Salmon and Freshwater Act 1975 requires an individual to have in his / her possession a valid rod and line licence but there is no requirement for this to be upheld by the owner of the fishery. It is the responsibility of the angler and no one else.