Section 23 Power of court in trial of one offence to convict of another.
Scotland
F1If, upon a trial for an offence under—
section 10 of the M1Tweed Fisheries Amendment Act 1859 (having or selling salmon taken from the River Tweed during annual close time);
section 21 of the M2Salmon Fisheries (Scotland) Act 1868 (buying or selling salmon in close time);
section 7 of the M3Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (possessing illegally taken salmon or trout);
section 7A of the said Act of 1951 (possessing illegally taken salmon); or
any rule of law relating to reset;
the court is not satisfied that the accused is guilty of the offence charged but is satisfied that he is guilty of another of these offences, it may acquit him of the offence charged but find him guilty of the other offence and he shall then be liable to the same punishment as for that other offence.
Annotations
Textual amendments
- F1
Ss. 5-30 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2 and Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2
Marginal citations
- M1
1859 c. cxlviii.
- M2
- M3
Notes on the whole Act
Textual amendments
- F1
Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2