 Established and operating well as a team - a few members of the Midlands Voluntary Bailiff Service, Environment Agency fisheries enforcement officers and Police. | A War of words has broken out between two rival fishery patrol groups over what powers they have. As we exclusively revealed two weeks ago. Fishery Watch has been created by Adrian Lane to combat fishery crimes across the UK, despite Angling Trust's Voluntary Bailiff Service |
already being well established. Dilip Sarkar, national enforcement manager for VBS, originally welcomed extra help, but things have quickly turned sour with a disagreement over what powers a voluntary bailiff has when it comes to holding suspects for fishery offences, such as stealing fish.
Worcestershire-based Dilip explained: "The Environment Agency has told Mr Lane that the advice he is giving about Schedule 1 Theft Act offences and powers of citizen's arrest is wrong. Despite this, he still believes he is right, but he is not. "Schedule 1 offences, including fishing without permission (Taking & Destroying Fish) are summarily triable, and there is no power of citizen's arrest for summary offences, "Theft Sections 1-7 Theft Act 1968, is indictable, and there is a power of citizen's arrest for such offences, but that does not apply to Schedule 1, in any case.
Crown Prosecution Service advice is that citizen's arrests should be avoided and best left to the Police. "They should only be made in 'serious cases' when no constable is available. The legal debate in court, therefore, would be over what constitutes 'serious: "I would suggest that a court is highly unlikely to consider theft of a fish sufficiently serious to justify the extreme step of a citizen's arrest, "The CPS also advises caution because if the individual gets it wrong, they could be liable for assault and/or other litigation. "We cover all of this in Fisheries Enforcement workshops, but Adrian is adamant that he is in the right, believing that his force can hold suspects? Dilip concluded.
Crown Prosecution Service advice is that citizen's arrests should be avoided and best left to the Police. "They should only be made in 'serious cases' when no constable is available. The legal debate in court, therefore, would be over what constitutes 'serious: "I would suggest that a court is highly unlikely to consider theft of a fish sufficiently serious to justify the extreme step of a citizen's arrest, "The CPS also advises caution because if the individual gets it wrong, they could be liable for assault and/or other litigation. "We cover all of this in Fisheries Enforcement workshops, but Adrian is adamant that he is in the right, believing that his force can hold suspects? Dilip concluded.
But Gloucestershire-based Adrian is adamant that he is in the right and that his group, which is launching in January, can hold suspects.
Adrian a former VBS area co-ordinator, said: "The Trust has started a 'smear campaign' against myself and Fishery Watch for stating that people have the right to perform a citizen's arrest on people caught stealing fish, "They say that it is no longer covered, as they say that it is not an indictable offence, which we know to be incorrect. "It is actually in their own guidelines, dated June 2019. I have also double-checked that this is correct, and it has been checked by Ask the Police." Adrian added.
Adrian a former VBS area co-ordinator, said: "The Trust has started a 'smear campaign' against myself and Fishery Watch for stating that people have the right to perform a citizen's arrest on people caught stealing fish, "They say that it is no longer covered, as they say that it is not an indictable offence, which we know to be incorrect. "It is actually in their own guidelines, dated June 2019. I have also double-checked that this is correct, and it has been checked by Ask the Police." Adrian added.
Voluntary bailiffing facts revealed
The Angling Trust has just revealed some interesting facts about the levels of its vital bailiffing work. Details emerged at the inaugural Voluntary Bailiff Service area co-ordinators' conference, in Worcester, in partnership with West Mercia and Gloucestershire Police and the Environment Agency.
The Trust is funded by the EA to train and deploy 500 voluntary bailiffs around England, Dilip explained: "I prepared statistics covering the work done by the VBS for the past three and-a-half years, and these figures are impressive, by any standards.
Our bailiffs have been on the bank for 85.369 hours, undertaken 333 patrols with the EA and 232 patrols with the Police. "We've sent 810 fishery reports to the EA. 441 reports to the Police and 211 other reports covering waste and pollution, "And there have been 500 intelligence logs shared with the EA and the Police:"
The Angling Trust has just revealed some interesting facts about the levels of its vital bailiffing work. Details emerged at the inaugural Voluntary Bailiff Service area co-ordinators' conference, in Worcester, in partnership with West Mercia and Gloucestershire Police and the Environment Agency.
The Trust is funded by the EA to train and deploy 500 voluntary bailiffs around England, Dilip explained: "I prepared statistics covering the work done by the VBS for the past three and-a-half years, and these figures are impressive, by any standards.
Our bailiffs have been on the bank for 85.369 hours, undertaken 333 patrols with the EA and 232 patrols with the Police. "We've sent 810 fishery reports to the EA. 441 reports to the Police and 211 other reports covering waste and pollution, "And there have been 500 intelligence logs shared with the EA and the Police:"
Source: Anglers Mail
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