BAILIFF BOOKLET
(2023 edition)
Download a print version here…
1. Introduction
2. Health & Safety
3. Working Parties
4. Bailiff Etiquette & Code of Conduct
5. Members and the Rules
6. Offence Guidance – Serious, and Minor
7. Poaching, Police & Theft of Fishing Rights
8. Angling Trust & VBS
9. New Members / Waiting List
10. Landowner & Local Permits
11. Monthly Reports – Updated 17/5/23. HLS reports
12. Useful Contact Numbers – Updated 24/6/23. PC Duncan Thomas no longer applicable. Updated 30/9/23 with PC Philip Nok (Shropshire) contact details. Updated 15/6/23 Removed Angling Trust North West Regional Enforcement Support Manager, David Lees. Replaced with Adam Wall.
13. Communications with Committee
14. Juniors and Intermediates
15. Signs
16. Inspections of Infrastructure (Stages, walkways, steps, etc.)
17. GDPR Compliance
18. EA/NRW Rod Licences – Updated 22/12/22. Rod license sales no longer available from Post Offices.
19. Updates – Updated 28/11/24 Advice on Drugs and controlled substances.
1. INTRODUCTION (2023 EDITION)
1.1 Welcome to the PAAS Bailiff Team. The team comprises over 250 volunteer bailiffs to cover the 250 plus diverse waters on the PAAS card.
1.2 These waters cover coarse and game fishing and members are drawn from coarse anglers, game anglers and those who do both.
1.3 The diversity of members and the waters (both geographically and type) means we do have a long list of rules. Many of these are imposed as terms of our various leases and the necessity to control several thousand members. It is important that all bailiffs fully read their membership card each year to acquaint themselves with the Society’s rules.
1.4 The primary role of the PAAS bailiff is to be the communication link between the members and the committee, through the Head Bailiff who is a member of the Management Committee. This committee meets every second Tuesday all year to manage the affairs of the society.
1.5 Each year, sometimes twice a year, there is a bailiffs’ meeting to update the bailiff team on any matters of importance and provide general guidance and training. All bailiffs are invited to these meetings, please try and attend. Lunch is provided. It is also worth attending any members meetings in your area to meet the committee and discuss local issues.
1.6 The Society has many hundreds of signs in place across all our waters. Many of these signs last undisturbed for years, others are quickly vandalised. Bailiffs on many waters replace signs as and when this is required. Section 15 of this booklet sets out more information on signs.
1.7 Only a small part of the bailiffs’ role involves enforcing the rules. The bailiffs do however check the cards and EA licenses of members fishing to ensure that they are abiding by Society rules. Bailiffs should specifically check that the photograph is securely fixed to the front inside cover of the card and signed across, and in the event that any offence has been committed, check the inside back cover of the card for previous warnings. Bailiffs will also ask non-members to leave our waters, plan working parties and generally look after waters, and members alike.
1.8 This booklet summarises all these roles and provides a summary of all the information needed by PAAS bailiffs in their day-to-day duties. Please also remember to read HLS for specific water changes, rule changes and new waters. Details can be written in the final section of this booklet.
1.9 Finally please also read your membership card each year to ensure you are familiar with the current rules
1.10 On behalf of the committee and members, many thanks for your help and if you have any queries or issues please do not hesitate to contact the head bailiff or general secretary.
2. HEALTH & SAFETY (2023 EDITION)
2.1 Personal Safety
The safety of bailiffs and all members of the Society is of paramount importance. On no account must bailiffs put themselves in harm’s way, nor through inaction endanger anybody else. Operating near water can be dangerous, especially in remote areas and in bad weather.
It is crucial that crimes in progress are reported to the police using 999. Fisheries offences must be reported to the Environment Agency on 0800 80 70 60. Contact with either of these agency’s must be reported to the Head Bailiff as soon as possible or any member of the Committee and included on your bailiff report. Section 7 gives more details on how to report such issues to the authorities.
2.2
As well as the training provided by PAAS (bailiff induction, this booklet and annual meetings) the Angling Trust also run a Fisheries Enforcement Workshop through which Training is provided by the Angling Trust Fisheries Enforcement Support Service’s policing professionals, Environment Agency fisheries enforcement officers and the Institute of Fisheries Management. All funded by English freshwater rod licence income. This is now by video and held once a year. PAAS have a copy of this video and the contents are largely replicated in this document. It is recommended that bailiffs watch this video in addition to the training given by PAAS.
2.3 Dealing with members
The vast majority of members obey the rules and willingly show their PAAS card and rod license to any bailiff. Occasionally (particularly with those breaking a rule) aggressive members may be encountered. Make a note of their membership number, walk away and do not get involved. Complete a bailiff report as soon as possible.
2.4 Dealing with non members
Non-members may be fishing our waters for a number of reasons; To take fish for sale, by mistake, just for a day out, or to catch fish for the table. Politely ask them to leave, point out they are trespassing and if necessary that they are committing a criminal offence – theft of fishing rights (see section 7 for more details). Be firm and if possible, involve other bailiffs. In almost all cases ask such anglers to leave voluntarily.
2.5 Dealing with the public
Where public footpaths are adjacent to our waters, bailiffs will often encounter members of the public during their duties. Politely answer any questions. The public may also try to access our private land (for dog walking etc.), again politely point out the land is private and redirect them to the correct route. Avoid confrontations.
2.6 Town centre waters
Waters in and adjacent to towns will encounter more problems than rural ones including antisocial behaviour, drug taking and alcohol abuse etc. In the event of any aggressive behavior, walk away and inform the police. The police will respond to incidents of threatening behavior. Dial 999 if threatened.
2.7 General best practice
- Always tell someone else where you are going and a likely return time.
- Always carry a mobile phone and consider an emergency charging device.
- Always wear appropriate clothing and footwear.
- Consider wearing a lifejacket.
- Preferably, always patrol in pairs.
- No bailiff may operate alone after dark.
Be polite and courteous at all times – It’s far more likely to achieve friendly cooperation!
3. WORKING PARTIES (2023 EDITION)
3.1 As the local ‘expert’ bailiffs will have the knowledge of the work that needs to be undertaken on their water. This may range from pruning, peg clearance, general tidy ups, path maintenance, peg repairs and much more. Such jobs usually require a team or Work Party.
3.2 Working Parties usually take place during the Autumn Winter and Spring and it’s the job of our Working Party Organizers assisted by the regional coordinators to collate the work that needs to be done across the PAAS portfolio. Annually the first Working Party List is published with the September Newsletter. Therefore June is the time to start thinking about the work to be done prior to getting in touch with the Working Party Organizers. Once published members can apply to attend a Working Party. Only members and those booked in advance through the Working Party Organizers may attend, others, not booked in, will be excluded.
3.3 Any bailiff may supervise a Working Party but it is suggested that new bailiffs attend a few other working parties before volunteering to supervise one yourself. If you are unsure about leading a WP for the first time the working party organisers might appoint an experienced supervisor to shadow you on the WP. Some work will require contractors, managed by the committee Contracts Manager, or be specialist tasks requiring specialist tools and operatives but there’s still a lot of work to do that can be achieved with a Standard Working Party. Whatever the task it should be reported to the WP organizers or head bailiff. Work required should be reported during the year as it arises – broken pegs, fences, fallen trees etc.
3.4 A Standard Working Party has between 5 and 10 participants including the Supervisor. A Large Working party has more than 10 participants including the Supervisor and a second supervisor is required.
3.5 Junior Members over the age of 12 may attend a working party, but they must be accompanied at all times by a parent or guardian, who must take responsibility for their safety and welfare. Juniors Members must not undertake any task or use any tools that requires the use of a blade.
As part of the induction pack working party supervisors will receive self-adhesive working party tickets for members that attend which should be given to each member at the end of the work party.
3.6 You can report work you think needs to be done using the form below or via the web members area working party – work to be reported form. Upon receipt the Working Party Officers will be in touch to discuss the work in more detail.
WORK THAT NEEDS REPORTING FORM
Name: | ————————————- |
Membership number: | ————————————- |
Bailiff Number (If applicable): | ————————————- |
Water Name: | ————————————- |
Water Number: | ————————————- |
Location: | ————————————- |
(What 3 Words if known): | ————————————- |
Description of the problem. (Use a continuation sheet if necessary):
———————————————————————————————————-
———————————————————————————————————-
———————————————————————————————————-
——————————————————————————————————————————————————————————————————————-
Time Line for Working Parties
All Supervisors receive in advance a BS8599 First Aid Kit with Emergency Blanket and Throwline.
In Advance
Working Party Officers receive a request for a Working Party Considerations for Working Party Officers:
- *Is this a specialist task requiring trained personnel?
- *Are competent persons required to operate or instruct in the use of special equipment?
- Is a site visit needed? (Specific, Qualitative or Dynamic Risk Assessment) Are contractors needed?
- Is a second supervisor required?
- Have any Light Duties been identified? (Attendees requiring Light Duties to be identified)
*Examples of tasks and equipment requiring certified or competent persons can be viewed at web members area/bailiffs/specialist tools and tasks
The Working Party Officers acknowledge receipt with the Working Party Supervisors Advance Checklist. An example can be viewed at the web members are/bailiffs/ working parties supervisors advance checklist
Working Party Officers notify the landowner. The Working Party is agreed or declined and added to Working Party List. The Working Party Officers then: • Notify stores of materials tools and safety equipment
- Arrange for Trained Specialist and/or Competent Persons
- Site Specific Risk Assessment completed (where necessary)
- Send the Induction Checklist, Sign Off, Attendance List, Working Party Tickets & SAE to the supervisor
On the day
The Supervisor is identified to all attendees and all participants receive an induction. Changes on the day unforeseen emergencies or any reported accidents must be notified via the phone contact tree (see below).
After the Working Party
The Sign Off Form is completed by the supervisor and returned to Working Party Officers, along with any unused Working Party Tickets in the SAE provided.
Phone Contact Tree
(Contact details are sent with Induction Checklist)
-
Working Party Officers
- Chairman
- Secretary
- Membership Secretary
- Quartermaster
4. BAILIFF ETIQUETTE (2023 EDITION)
4.1 Introduction
Whilst bailiffs need to uphold the rules of the Society and deal with non-members that they may encounter from time to time, it is important that politeness, tact and diplomacy are maintained at all times, this is particularly important when dealing with Juniors (see section 14). This safeguards the interest of members and the safety of bailiffs.
It is essential that bailiffs do not put themselves into any confrontational positions during their duties, both with members and non-members alike. Accordingly follow the following simple guidelines.
4.2 Method of Approach
TIMING
APPROACH
CONTACT
TERMINATION
4.3 Timing
Before approaching any angler obtain visual information. Note car numbers, where fishing, weather, tackle being used and any other details. Be aware of groups of anglers or lone anglers. Take account of whether a member is about to cast or playing a fish, or is indeed on his phone. Time your approach accordingly.
4.4 Approach
Be visible and audible; speak clearly. Do not sneak up on people. Where possible do not stand between the angler and his rods but keep the rods between the angler and yourself. Never get between the angler and the water. Always have an escape route to leave the scene quickly if required. Do not scramble down steep banks or wade out to a member but ask the member to bring his card to you in areas of difficult access.
4.5 Contact
Tone of voice (general greetings)
State who you are (show your warrant card)
Maintain eye contact with angler
Body position in relation to the water as above
4.6 First of all ask for the their Membership Card and EA license and hold onto to it until all necessary information is checked and found to be satisfactory. Requesting a card for a second time can be difficult and often confrontational.
Be firm, fair and reasonable
Remember, politeness costs nothing
Never lose your temper
Thank member for his co-operation
4.7 Termination
Leave no doubt as to the situation
- thank member if everything is in order
- ask non members to leave
- in event of rule breakage (see section 5) and explain what may happen next
Thank helpful people
Leave correct impression of P.A.A.S.
Record any incidents in your notebook for future reference.
4.8 Members personal possessions
Following some recent changes in legislation, and to avoid confrontation, bailiffs should not enter bivvies, vehicles etc to undertake tackle searches or inspections. Bailiffs must rely upon the inspection of the area they can see.
Bailiffs cannot seize members’ property, or that of a poacher, under current legislation.
5. MEMBERS AND THE RULES (2023 EDITION)
5.1 Introduction
The vast majority of members value their PAAS card and obey all of the general rules and also the Specific Water Regulations in their card.
The Committee expect our bailiffs to act in the interests of ALL members. This does mean that, at times, they have to enforce rules strictly so that the membership does not suffer because of the action of a few individual members. We understand that each case is different and that each bailiff will have a different approach. We ask that it be borne in mind that members pay their subscriptions to fish our waters and the small minority who do break the rules do so unintentionally. If the desired result can be achieved pleasantly so such the better.
As many rules are also in our leases, members who break rules are not only affecting other members, but such behavior can also upset riparian owners and also run the risk of the club losing a water.
It is important that bailiffs undertake and are seen to undertake their duties in a fair and polite manner,
What committee do not want is for a member to appear before them because of an offence for which they have been reported and for Committee to find in favour of the member. The committee think highly of the Bailiff Team but must equally be fare in their actions.
If you come across an offence which has been committed, please act towards the member in the manner you would wish if you were the member.
5.2 Categorisation of Offence
Occasionally you may encounter members breaking rules and this eventuality
falls within 2 categories: –
- Serious rule infringement (card retained by bailiff and report to assistant secretary)
- Minor rule infringement (member retains card and report to assistant secretary)
Guidance on types of rule breaking and what represents serious or minor are given in the following section of this booklet.
In the event that a member is uncooperative make a note of the membership number (write it down as soon as possible) and report that number to the head bailiff with the report of the issue – the committee will deal with the issue from that information.
5.3 Booking Form
All bailiffs will have been provided with a “booking form” to record the serious and minor offences and a “report form” to send details to the assistant secretary.
Examples of completion of the booking form for serious and minor offences above are given on the following pages. You will see that this form includes a section for the member to sign. Occasionally the member may refuse to do so. In this event proceed with the booking and distribute the unsigned form in accordance with the guidelines set out on the following pages. Note refusal to sign on the form.
5.4 Reports to Committee of Rule Infringement
When carrying out your bailiff duties it is vitally important that you use your notebook to record events etc. as they happen, as this may be needed in evidence at a future date. Do not leave blank spaces between lines, erase words, insert loose leaves, leave blanks, overwrite words, or write between lines etc. The notebook should be used to record both issues with members, incidents of poaching and any other issues with non-members for future reference.
As set out on the previous pages the two types of Rule Infringement (serious, minor) lead to the completion of the three part preprinted booking form in one of two ways depending on the type of infringement. One copy of the pre-printed completed booking form should be sent to the assistant secretary (white), one given to the member (yellow) and the third kept by the bailiff.
The previous two pages record examples of a minor rule breach where the card is retained by the member and serious rules breach where the card is retained by the bailiff. Where the bailiff retains the card it is essential the card together with a report of the incident (see below) is sent to the assistant secretary as soon as possible.
Once the booking form is completed a full report (see below) of the rule infringement / incident needs to be sent to the assistant secretary so that he has the full facts available to put with his copy of the booking form (and if appropriate the members card). The information provided must be sufficient for the assistant secretary to understand the incident fully. Don’t forget that the assistant secretary often has a version of events from the member as well so it is important that all relevant information is recorded on a timely basis and accurately reported to the assistant secretary.
The assistant secretary will then contact the member and deal with the incident from that point onwards.
5.5 Bailiffs should contact the assistant secretary directly if they wish to know the outcome of any particular booking.
5.6 Report Form
A standard two-part form (see following pages) has been established to make the process as simple as possible. Example of its completion is set out on the following pages. (white copy to assistant secretary).
Reports to the assistant secretary by email, letter etc., are equally acceptable as the standard form but should follow approximately the same format with the same information.
The assistant secretary then takes into account the bailiffs report and any correspondence from the member before deciding what course of action the committee should follow. In the most serious cases members will be asked to attend a committee meeting in person to explain their actions. All reports from bailiffs are followed up in full by the assistant secretary.
Don’t forget that under the constitution of the society any member under threat of expulsion has the right to appeal against this decision, another reason why the details of any incident should be recorded at the time (in the notebook).
6. OFFENCE GUIDANCE – SERIOUS AND MINOR (2023 EDITION)
6.1 Guidelines
The breaking of Society rules cannot be treated as hard and fast offences. The classification shown below is a guideline only.
The guidelines below explain which rule infringements are considered serious or minor. The rule numbers refer to the 2023 card and subsequent cards may have different rule numbers as changes are made each year. The following are examples only and will not represent a full list and therefore hopefully can easily be referred to in subsequent years rule cards.
Please follow these guidelines to ensure that all bailiffs in all regions act consistently in dealing with all members across all our waters.
Before dealing with specific rules, serious offences also include any threatening behavior towards a bailiff or other member, willful damage, theft, bringing disrepute or disgrace upon the Society and are dealt with accordingly.
Turning to specific rules: –
6.2 Serious Rule Infringements
Card to be retained by bailiff and Member must also leave water.
Rule Broken 2023 card rule number
Shooting or possessing guns, 3 (b)
Proven example of leaving litter 3 (a)
Open fires on bank 3 (b)
No photograph in card 2 (a)
Member with dog on bank 3 (i)
Snatching salmon 7 (f)
Fishing with a non-member 2 (b)
Carp retained in a carp sack (or indeed other species) 8 (c)
Evidence of alcohol or substance abuse 3 (c)
Taking coarse fish from Society waters 8 (a)
Introducing live bait to Society waters 8 (h)
The use of any Laser emitting devices 3 (j)
No working party ticket on closed waters 5(d) 5(e)
(either new waters for 12 months or existing 28 days each year)
Aggressive behavior or aggression towards Society Bailiffs 3(j)
A repeat of any minor infringement
6.3Minor Rule Infringements
Offence recorded in members card: –
Rule Broken 2023 card rule number
Member has tins, glass bottles etc (open or closed on bank) 3(b)
Coarse angler fishing with more than 2 rods in use 6(b)
Game angler fishing with more than 1 rod in use 6(b)
Using a bait boat 3(f)
Fishing water on day of match (prior to match) 6(f)
Fishing a water on day of and prior to and during a working party 5(c)
No car sticker displayed where required in car parks (water specific)
No landing net 6 (c)
Climbing fences and gates etc., using unauthorised access routes 4(b)
Away from rods (more than 4 metres) 6 (b)
Using barbed hooks on barbless hook waters (water specific)
Wading where banned (water specific)
Fish obviously over 5lb in a keepnet 8 (b) 8(n)
Barbel/grayling in a keep-net (other than official match) 8 (b)
Use of keepnet during “old” close season 8 (d)
Using stove on waters where banned 3 (d)
Night fishing where not allowed (water specific)
No unhooking mat when fishing for carp, barbel or pike 8(e)
No unhooking mat when fishing from stages 8 (e)
Parking incorrectly, blocking access etc. 4 (a)
Entering/leaving waters outside approved times (water specific)
Any member found fishing without an EA Licence must be asked to leave water immediately unless with junior.
Where a member is encountered breaking any rule, the bailiff should check the inside rear cover of the card to see if other/similar warnings have been given during the year. Any “second offences” should be dealt with as a serious rule infringement and dealt with as above.
7. POACHING, POLICE AND THEFT OF FISHING RIGHTS (2023 EDITION)
7.1 Police
If any bailiff (or member) on PAAS waters encounters any illegal activity or behavior that would ordinarily result in the police being called, then the police should still be called notwithstanding the problem is on PAAS waters. A report should be sent to the head bailiff and secretary as soon as possible.
7.2 Poaching and Theft of fishing rights
From time to time poachers are encountered on various of our waters and we aim to persuade them to leave, minimize the effects of poaching on our waters, minimize fish theft, remove nets and set lines and report any such issues to the correct authorities in a timely and effective manner whilst at all times ensuring that our bailiff force and members remain safe and do not put themselves in danger.
Poaching comes in many forms:
- Organized set lines and nets
- Locals having a couple of hours fishing
- Anglers targeting fish to steal either for the table or to move to other waters
- Groups out partying, swimming etc. where angling is part of their activities
These days ‘fishing without permission’ (e.g., poaching) and ‘theft of fish’ should be reported to the police as they are criminal offences, the former applies whether any fish have been caught or not. In freshwater anglers fishing from boats require the same permissions as those angling from the bank although they may be harder to deal with. Evidence required is straight forward – proof of private right of fishery, clear signage indicating private fishing, time , date and location, description of offender and any vehicle/boat, whether a line was in the water and description of tackle. That the offender has failed to produce a valid permit upon demand by an authorized bailiff or fishery agent, or reasonable excuse, and/or has refused to leave, and/or has been challenged on a previous occasion. Any other relevant fact.
- The EA/NRW does not deal with criminal offences so it is byelaw/fishery offences that should be reported to the EA/NRW e.g., rod license issues, fishing in close season, taking fish out of season, taking too many fish, taking undersize fish, fishing with prohibited baits etc.
- Fishing without permission and the theft of fish are both criminal offences (trespass is not a criminal offence but is a civil offence). The police are duty bound to deal with criminal offences that we report to them. The Angling Trust have in recent years put considerable effort into raising the profile of these criminal offences with the police, many forces are now familiar with them and many have a Rural crime unit. It is worth finding out who your Rural crime officer is local to your specific water or area.
However many officers will rarely come across these sort of offences so it is important when we report these crimes that we provide all the correct information to maximize the chances that they will respond as quickly as possible.
- Fishing without the controller of fishing right’s permission, where a private right of fishery exists, is a criminal offence under Schedule 1, Theft Act, 1968 – Fishing without permission: ‘taking or destroying fish or attempting to take or destroy fish’ is the actual crime.
In this context ‘taking’ does not mean to carry away but ‘to lay hands upon, grasp or capture’, or to attempt to.
A crime in progress can be reported to the Police via 999 or you can call 101 or report it online if the matter is not urgent.
This offence is recordable by the police, with a unique Home Office Recording Code of 116/11.
But do NOT call in quoting the above code. Use this to explain to the call-taker or officer attending that the matter is a police responsibility, should he or she be unaware of the legislation. Police staff can check and confirm this on the Police National Legal Database (PNLD).
Should the call-taker or officer attending refute or fail to understand that this is a criminal matter, refer them to the HO Code and Guide referred to above.
Should an appropriate level of service not be delivered, please report the issue to the head bailiff who will follow it up with the Angling Trust.
There is no general power of citizen’s arrest, but the court can order forfeiture of any items used in the commission of the offence, including fishing tackle and even vehicles. The maximum fine is £5,000. This includes all methods of fishing, including illegal instruments such as nets and even explosives.
If the call taker believes that your report of theft of fishing rights/and or fish is a matter for the EA/NRW rather than the police be assertive but polite, dealing with fishing without permission is undoubtedly a police matter, the EA/NRW largely deal with rod license offences and local bylaw enforcement.
Such matters often involve other offences as well, particularly when stealing coarse fish or attempting to net salmon, these can range from vehicle offences (stolen, no MOT, un-insured etc.) to organized and targeted netting operations. It is therefore also worth reporting such matters to the EA/NRW as well (tel 0800 807060) so that they are also aware of the issue.
It is also essential to report such matters to the club as soon as possible so that the club can also take follow up action. This may involve continuing to deal with the police and EA but also report the issues to landowners, other local angling clubs, The Angling Trust for intelligence purposes and maybe VBS patrols etc. etc.
The above process illustrates the importance of having our signs correctly in place, if the police do attend they will immediately look for signage and if there is no adequate signage may well refuse to assist.
7.6 Theft of Fish
In addition to the theft of fishing rights above, e.g., poaching there is also the crime of theft of fish. Here the level of proof is somewhat greater in that an actual stolen fish must essentially be part of the evidence. Theft of fish can only apply to still waters as set out below.
In law, fish in rivers are wild animals, free to roam, so cannot be owned until reduced into property by catching. Fish in enclosed waters under single ownership are considered property and can be stolen.
This is simple theft, contrary to Sections 1 – 7 of the Theft Act, 1968 – which every police officer in the country does understand. Schedule One of the Theft Act, please note, also applies to still waters.
When reporting the theft of fish from enclosed waters (a still water) to the police:
- Make clear that in enclosed waters fish under single ownership are property in law.
- That this is simply theft, contrary to Sections 1 – 7, Theft Act 1968.
- That (if applicable) the offence is in progress.
- That the fish are financially quantifiable and potentially of high value (if large carp or tench for instance)
- The theft is not a matter for the EA, but the police.
- The offender has no written consent from the riparian owner or controller of fishing rights (Prince Albert Angling Society) to remove the fish.
Evidence that will be required to be reported is:
- Time, date, location, details of Prince Albert Water, W3W and postcode on the map.
- Description of offenders, vehicles, and equipment.
- Proof of ownership – contact the secretary if necessary, details can be provided later.
- Identify property – big carp, for example, are uniquely identifiable owing to individual characteristics, so these should be photographed and catalogued. Some of our carp are microchipped. The coarse fishery officer will be able to provide details if needed later.
- The suspect was fishing without permission to do so.
Again if the level of service received is not acceptable please report this to the head bailiff who will follow it up.
Theft of fish (as opposed to theft of fishing rights) is an indictable offence and therefore there is a power of citizen’s arrest attached to such theft. However, guidelines issued in 2006 state that such arrests should only be made in ‘serious cases’ and when no constable is available; intervention would need justifying, and any force used must be reasonable. The Angling Trust’s considered advice, (with which PAAS agree) therefore, is not to attempt
Citizen’s arrests but to await the arrival of a constable.
IN SUMMARY THEFT OF FISH AND THEFT OF FISHING RIGHTS (POACHING) ARE CRIMINAL OFFENCES AND SHOULD BE REPORTED TO THE POLICE, ROD LICENCE AND BYE LAW OFFENCES SHOULD BE REPORTED TO THE EA.
YOU WILL HAVE RECEIVED A CARD AND FLOWCHART SUMMARISING THE ABOVE.
8. ANGLING TRUST AND VOLUNTARY BAILIFF SERVICE (VBS) (2023 EDITION)
8.1 The Angling Trust is a not-for-profit organisation, representing anglers, fighting for fish, fishing and the environment.
The Angling Trust’s – Fisheries Enforcement Support Service (FESS) is a partnership with the EA, funded by English freshwater fishing licence income.
8.2 FESS managers – All retired police officers of vast enforcement experience – and as keen anglers themselves, perfectly understand the issues facing angling and required responses. There are six Regional Enforcement Support Managers covering England. Feel free to contact them for free support and advice on the following link. https://anglingtrust.net/enforcement/#teamfess
8.3 The FESS exists to support the EA and Police by –
- Coordinating a multi-agency approach to fisheries crime and compliance, encouraging a partnership approach.
- Raising awareness throughout the police service, Crown Prosecution Service and Magistrates’ Association.
- Helping advise the police and Agency and helping put things right should the service fall short.
- Increasing incoming intelligence and sharing of that information.
- Upskilling the angling community through Fisheries Enforcement Workshops and the provision of expert advice to angling clubs and fisheries.
- Delivering the Voluntary Bailiff Service (VBS) throughout England, empowering anglers to contribute to fisheries enforcement.
- Delivering the Building Bridges Project, aimed at the education and integration of migrant anglers.
- The VBS – Several PAAS bailiffs are also VBS members.
More information can be found here: https://anglingtrust.net/enforcement/
All VBS members once trained, have access to a secure website on which to post patrols and incidents. This is viewed daily by the regional FESS managers and the information and intelligence collected is assessed and if suitable, shared with the enforcement agencies, the EA and Police. Often joint patrols are then arranged to counter the problems. The scarce resources of the Police and EA will only do this if evidence of the issue highlighted is clear and accurate. The results of these ‘Joint Patrols’ are then widely publicised on social media, creating a fear of detection and reducing the offending rate. The enforcement agencies also have a much better understanding of the issues, geography, suspects and are better equipped to respond and deal with future incidents.
- Intelligence – The VBS has been very successful in identifying issues from criminality through to pollution. They employ an intelligence officer to service the level of intelligence that they obtain. The system they use if fully National Intelligence Model (NIM) compliant. It has to be for the police to accept it. Any messages are sent via the secure CJSM e mail system and all reports are stored centrally on a secure server. Most importantly the original source of the intelligence is fully protected.
- Police liaison – All FESS regional managers have developed strong communication links with their local police areas. They all attend their regional quarterly ‘Police Rural & Wildlife Crime’ review meetings and have a slot to present on fisheries related crime, which sits under the category of Rural & Wildlife crime. In fact, the FESS are presenting a 45min slot at the national ‘Police Rural & Wildlife Crime’ conference at Yarnfield in Staffs this year.
- Police training – The FESS team provide police areas with free fisheries related training. This training is very practical and hands on. Usually held at a suitable fishery and lasts a full day. Short coaching sessions with AT coaches are given to the students to get them to better understand angling. Most police are not anglers, and this hands-on method is the best way to explain basic equipment and the business model for clubs and commercials. This whets their appetite for lessons on poaching and the legal redress etc. This training approach started off in the Northwest with Lancashire, Cumbria and Cheshire Constabularies. It is now being rolled out across all forces in England.
9. NEW MEMBERS / WAITING LIST (2023 EDITION)
9.1 Bailiffs will often be asked by prospective members how to join the society. At the time of printing this booklet (2023) the following applies. No amounts are quoted as these change at the AGM but the current subscriptions are set out in the card each year.
9.2 Full details of how to join the Society can be found on the PAAS website under Membership www.paas.co.uk.
9.3 Juniors (under 16 years of age), intermediates(over 16 but under 18 years of age) and non-anglers can join immediately as there is no waiting list for these categories of membership. Similarly the spouse of a full member can also join without waiting.
9.4 Those over 65 can join at the next available intake but should still put their name down on the waiting list so that their correct details are properly captured.
9.5 Others should put their name down on the waiting list on the website.
9.6 All enquiries should be by email to the Membership Secretary, or 01477 533999
10. LANDOWNER PERMITS (2023 EDITION)
10.1 On many of our waters the landowner requests permits to fish as part of the lease agreement , either for himself , members of his family, guests or those staying in holiday accommodation on a farm for instance. If you regularly bailiff a particular water then if you contact the secretary he will be able to give you the details of any permits in issue on that water.
10.2 The various types of permit in common issue are :-
Issued to the Farmer who owns the land/fishing rights – typically a PAAS membership card stamped with the water name as specific to that water. Not all of these types of permit require a photograph inside (as noted inside) but should be carried by anyone fishing. These are issued annually.
10.3 Issued to Companies for example quarry owners – again these will be non specific to an individual usually used by employees but should be carried by anyone fishing.
10.4 Company Employees – Water Companies, and Canal and Rivers Trust employees can fish waters owned by the company and should carry the companies photo ID card as proof that they are employees. If you regularly bailiff one of these waters please ask the secretary for details. Such use is very rare.
10.5 Please try not to fall out with a landowner who may have forgotten his permit.
10.6 Locals permits – various waters have a permit system available to locals – these are a standard membership card with the water name stamped on it. These are to named individuals and photographs should still be added and signed over.
10.7 Stonyhurst College and the River Ribble – under rights arising many years ago employees of Stonyhurst College have the right to fish much of the River Ribble – not just our waters but those owned and rented by other clubs as well. Anyone claiming to fish under these rights should carry a Stonyhurst College permit. They may also access waters via different routes to ourselves, such as from an adjacent water that belongs to another angling club which they are also entitled to fish.
11. BAILIFF MONTHLY REPORTS (2023 EDITION)
As already stated, bailiffs are the key information link between the members, the waters and the committee, and in many cases the local community.
11.1 Matters to be included in reports
It is therefore important that all bailiffs send a monthly report to the head bailiff setting out such matters as: –
- water conditions and major catches
- bank conditions, whether well fished or not, number of members fishing etc.
- working party requirements
- access problems (gates, tracks, bridges, etc.), problems with locks
- poaching encountered
- signs required where they have been vandalized or lost
Numbers of members fishing (and ideally membership numbers etc) are important in assessing future rent reviews on the water, and also whether it is worth pursuing other similar waters that might become available in the area, or the same river catchment area.
Where landowners seek large rent rises and there is no evidence that members are using a water, then the water may be relinquished. Hence numbers of members, catches etc is important feedback to the committee. All such information is logged and retained.
11.2 Preprinted report form
There is a pre-printed form – see 11.3 below that can be used to post back a simple report but any similar report (email etc) is perfectly acceptable – the key to the report is communication.
Any simple matters reported are dealt with by the head bailiff, or passed onto other members of the committee if appropriate (i.e. working party requirements to the Working Party officer, access problems to the secretary etc).
Major matters etc are brought to the attention of the committee by the head bailiff and any necessary decision voted upon.
11.3 Hook Line & Sinker reports
Prepare and submit fishing reports for inclusion in HLS as and when required.
12. USEFUL CONTACT NUMBERS (2023 EDITION)
Committee contact details are in the current membership card and as these potentially change each year they are not printed here.
12.1 Police
In the event of threatening, abusive behaviour the police should be called. Also potential fish thefts or Theft of Fishing Rights as set out in section 7. Please call 999 or 101 to report these matters.
12.2 Not all local police stations can be listed here. Those most common to our waters are: –
Macclesfield, Congleton, Chester 01244 350000
Preston 01772 614444
Wilmslow 0845 4586374
Shrewsbury, Ross-on-Wye 0300 333 3000
North Wales Police 0800 555111
Carlisle 01228 528191
12.3 Police Wildlife Liaison Officers
The following are current Rural Crimes Team officers and indicate those with a Rural Crime Team
NO LONGER APPLICABLE – Preston (Lancashire) 01772 413667 (currently PC Duncan Thomas)
National Wildlife Crime Unit: Sgt Rob Simpson – Macclesfield, Cheshire
PC Philip Nok (West Mercia – Shropshire) Rural Crimes Team 07816 226855. Email
PC Dave Allen North Wales [ Wrexham ] Rural Crimes team Tel – 01352 708177
12.4 EA
Pollution incidents, salmon poaching, (netting etc), should be reported to the EA/ NRW.
Pollution: 0800 807060
12.5 Ribble PAAS liaison officer
Tony Heaven – contact details in your membership card
12.6 Angling Trust enforcement officers
North West Adam West
Midlands Kevin Pearson
13. COMMUNICATIONS WITH COMMITTEE (2023 EDITION)
13.1 Bailiffs often have to report various issues to the committee. The correct people to report the more common issues to are set out below. Anything else in the first instance to the Head Bailiff. Please try and avoid reporting an issue to multiple committee contacts, it is better to send one message to the correct person. Messages to multiple people are often left to others and effectively can get ignored. Take the time to identify the correct person – if in doubt ring the head bailiff or secretary.
Monthly Bailiff Reports – To Head Bailiff Ian Redfern Contact Ian
Work Party Requests – To Work party Officer Paul & Jude Dono Contact Paul & Jude
Booking forms – To Assistant secretary Stan Martin Contact Stan
Membership cards – To Assistant secretary Stan Martin Contact Stan
Requests for signs – To Head Bailiff Ian Redfern Contact Ian
Requests for stationary – To Assistant Head Bailiff Paul Cooper Contact Paul
Landowner/access issues – To Secretary Andy Strickland Contact Andy
Broken locks – To Head Bailiff Ian Redfern Contact Ian
Vermin control – To Head Bailiff Ian Redfern Contact Ian
Toilets – To Admin officer Phil Hough Contact Phil
Water closures – game waters Karl Humphries Contact Karl
Water closures – coarse waters Steve Mulligan Contact Steve
13.2 If you believe that a water or peg needs closing then please contact a committee member to report this before taking any action.
14. JUNIORS AND INTERMEDIATES (2023 EDITION)
14.1 In the eyes of the law until the age of 18 everyone is regarded as a child so the following applies to Juniors and Intermediates.
14.2 Most of our juniors are related/connected in some way to an adult fishing member and they do not fish on their own, the adult being a parent, relative, guardian or friend for example. A few juniors are members and the associated adult is not an angler, in such cases both junior and adult will usually welcome and benefit from any fishing tips the bailiff can provide and also suggestions about the actual tackle needed.
14.3 Under the rules of the Society Junior Members are not allowed to fish any rivers unless accompanied by an adult member and Junior Members under the age of 12 years are not allowed to fish any water unless accompanied by an Adult Member, and then they must fish within 10 metres of the Adult. Junior Members 12 and over can, however fish all other coarse still waters unaccompanied, during daylight hours only. Juniors under 14 may only fish with one rod. Junior Members are not allowed to night fish unless accompanied by an Adult Member and if under the age of 10 are not allowed to actually fish during the hours of darkness, except during official matches/events.
14.4 It is rare that juniors receive a booking but if this is appropriate bailiffs should be aware of the juniors circumstances. For instance if alone and they have been dropped off they may not be able to leave the water safely if requested to do so. In such cases it is essential to contact the head bailiff or junior development officer (JDO) at the time and it maybe the parents have to be contacted to collect the junior from the water.
14.5 While it is appreciated that as youngsters, we all learnt by our mistakes, as a club we need to highlight those mistakes by recording them and taking some form of action for all infringement of the rules otherwise they won’t learn anything.
14.6 All junior infringements should be reported in the normal way and will be passed to the Junior development Officer to deal with as appropriate.
14.7 The society has two safeguarding officers who will be contacted by the Head Bailiff in the event of a situation involving a junior that may be a cause for concern.
14.8 All juniors should be formally made aware of the potential of what they have done.
15. SIGNS (2023 EDITION)
15.1 The society has numerous different types of signs for all the different situations on our waters and these are made from various materials and are various sizes. We also have specific signs made for some individual waters and on some Estates signs that are a specific colour to the specification of all the other Estate signs. It is important that bailiffs check signs are correctly in place (see section 7 on poaching etc.) but it is equally important we have the correct sign for the location and situation.
15.2 Signs with specific wording / instructions or temporary signs can be made available but must be approved by the secretary first. All signs should be professional and ideally made professionally by the Society. If signs are for a specific event and refer to specific dates please remove them after the event has completed. Please avoid using laminated paper signs, they don’t last and get washed out and then make the fishery look untidy.
15.3 That said some of our agreements restrict the signage we can put up whether it be the number of signs, colour, locations, wording etc. so please make sure you are aware of this before putting any signs up. Contact the secretary if in doubt. For instance some Estates do not want any signs fixing to the trees on the Estate.
For example there is no point putting signs that include the wording ‘no public access’ on a water with a public foot adjacent to it.
15.4 Please include any requests for any new signs in your monthly report to the Head Bailiff, stating which water and where they are to be sited. The head bailiff will then seek any necessary permissions and arrange for the signs to be made if necessary and for their distribution.
15.5 Always try to fix signs as securely as possible with substantial screws to stop them being ripped down. If possible Site them as high as possible but not so high that people walk past and don’t see them [no higher than head height ].
All types of fixings are available including Anti Tamper screws, if you require any of these then just add this to your request.
15.6 All the clubs permanent signs are available in metal,
15.7 There is always a stock of the common types of signs available at the bailiffs meeting which can be collected on the day.
15.8 Common society signs are Private Fishing (with or without no public access), upper and lower limit, directional signs, car park signs, no parking signs, access and egress time and bag limits on trout waters. Too many signs in one location should be avoided – they just get ignored. Many signs are also available in Welsh.
16. INSPECTION OF PEGS (INCLUDING PLATFORMS AND WALKWAYS) (2023 EDITION)
16.1 It is important whilst checking waters that you inspect pegs, platforms, walkways, bridges and gates to make sure that they are in a safe condition with no obvious defects.
16.2 Please report any issues with these structures, particularly defective or dangerous ones to the Head bailiff in your monthly report or serious issues immediately.
Such issues may include
- Broken top boards
- Broken supporting beams (is it bouncy or unstable)
- Broken supporting posts
- Slippery surface and/or broken wire netting
- General age and condition
16.3 On many waters we are responsible for the upkeep and maintenance of structures such as wooden platforms, steps and walkways but this is not always the case. Some have been constructed by the landowner and are their responsibility and on occasions some have been constructed by the EA and similar organisations.
17. GDPR COMPLIANCE (2023 EDITION)
17.1 Prince Albert Angling Society needs to keep personal information about its committee, members landlords or agents thereof, and ‘Friends of Prince Albert’ in order to carry out its activities.
Personal information means any information relating directly or indirectly to an identifiable person. Such as but not limited to; name, address, membership number, location data, an online identifier or to one or more other specific factors. This also includes less explicit information such as CCTV images, Balloted Water information, bookings and offences.
17.2 Responsibilities vary depending on whether you are a Controller or Processor. Simply put, Controllers decide;
- What information is processed
- The purposes for which information is processed
- The means of processing
- Controllers shoulder the highest level of compliance responsibility. They are listed on the National Data Controllers Database. They comply with, and demonstrate compliance with, all the data protection principles as well as other UK GDPR requirements. They are also responsible for the compliance of processors.
The Membership Secretary and the General Secretary are Prince Albert Angling Societies Joint Controllers.
- As a member of the Bailiff Team, you have access to personal information from various sources, including but not limited to; Membership Cards the Bailiffs Contact List and Working Parties. Therefore, all Bailiffs are Processors. Understanding Processor responsibilities as a Bailiff is crucial in ensuring compliance with Data Protection Act, the Societies data protection policy and the fair treatment of individuals. Processors (Bailiffs) must follow strict rules called
The Data Protection Principles;
- Information is used fairly, lawfully and transparently
- Information is used for specified, explicit purposes
- Information is used in a way that is adequate, relevant and limited to only what is necessary
- Information is accurate and, where necessary, kept up to date
- Information is kept for no longer than is necessary
- Information is handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage
- Under the General Data Protection Regulations, The Information Commissioners Office (ICO) has the power to take action against Controllers and Processors and individuals can bring claims for compensation and damages.
- Further information and the Societies Privacy Statement can be viewed at: https://paas.co.uk/privacy-statement/
18. EA/NRW ROD LICENCES (2023 EDITION)
18.1 Full details of EA/NRW rod licence requirements are set out on the EA/NRW website and the basic points are set out below.
18.2 The following age groups are required to have EA/NRW rod licences to go freshwater fishing in England and Wales. • Adult course fishing PA waters – 2 rods only
- Adult game fishing PA waters – 1 rod only
- Juniors under 14 course fishing PA waters – 1 rod only • Juniors under 13 don’t need a rod licence .
- Juniors aged between 13 and 16 do need a rod licence [ these are free ]
18.3 If bailiffs come across a member who hasn’t received their rod licence from the EA, by law we must accept the following three forms of proof of purchase .
- Bought online – they must produce a confirmation email
Bought at the Post office – they must produce an official receipt
From January 16th 2023 rod licences will not be avaialble from the post office
- Bought over the phone – they must produce the 12 digit number provided
- Please be accurate with the time when booking someone with no rod licence as a licence can be bought online within a matter of minutes.
- Anyone found with no Rod licence and no proof of purchase then ask them to leave the water (unless they are with a junior) and record their name and membership number and report it to the Head Bailiff
Appendix 1 – Advice on Drugs and controlled substances. – Added 28/11/24
DRUGS
The misuse of controlled substances is an increasing problem on some waters particularly the smoking of Cannabis which has a distinctive smell. This puts many members particularly families off fishing certain waters
This is the counter to the ‘why are we bothered’ argument.
Our solicitor’s legal advice is that as long as there is a rule prohibiting its use, and fair and natural justice is applied, action can be taken against offenders.
We have a zero-tolerance policy (rule 3c). Natural justice talks about ‘bias’. Care needs to be taken if it is thought there might be a vendetta. ‘The bailiffs got it in for me’ is a likely response.
Although illegal, police are at best only likely to issue a caution to offenders.
Don’t expect the police to attend an incident where someone is smoking cannabis but the police will
have an interest if there is a suspicion that a supply is taking place. Police may also have an interest if a traffic offence takes place once a member leaves the water.
Caution is required by bailiffs tackling this issue as the effect of drugs can result in unpredictable behaviour
Hard evidence is unlikely either during or after the event. When such evidence exists, a police report will be made along with expulsion in line with the constitution.
Without specialist training many will not know what to look for.
The person with the evidence makes the report.
The identity of the individual concerned may be difficult to prove after the event. ‘He was the last one in the peg’ doesn’t count a day later. – Just catch them next time.
The smell. Outdoors this can be pervading and cannot always be attributed to an individual. Member reports to the committee will be forwarded to the waters bailiff team to follow up.
The bailiff team will be engaged, calling in additional and or specialist bailiffs as and where necessary.
A notice will be issued stating that if there is a recurrence the member will be expelled.
Usually only when there is physical evidence or certainty of an offence do we issue such a notice.
(Simplified example)
“You are accused of the misuse of a controlled substance in breach of Rule 3c. Your membership of the Society is now at risk and any subsequent report will result in expulsion. You may offer an explanation in your defence.”
The most common responses are:
- Denial
- Admission
- So-called medical grounds
- The bailiff is always bullying me.
‘It wasn’t me’ doesn’t matter. If you’re not the junkie you have nothing to worry about.
Smoking Cannabis is not a medicine. If it was medicine, you could buy spliffs or wraps in a chemist. You can’t. End of.
The only concern is if there is a suspicion that the accusation is false.
The same notice will be issued for reports of members suspected of being under the influence of a controlled substance.
This includes being drunk. Alcohol is a controlled substance only sold under license.
The action also addresses concerns of fish safety and our duty of care to members whilst they are on our waters. It also addresses concerns of other kinds of substance abuse that have no smell. This may include vaping ‘dabs’ where the smell is less obvious.
Failure to respond will result in the offence remaining ‘open’. Renewal will automatically be declined. There is no appeal to this action.
In this situation there is no expulsion-appeal process, renewal is simply declined, the explanation having already been given in the warning. However, ‘open’ alcohol and drugs offences will be presented to committee to review.
Cannabis Action for Bailiffs – SENARIO 1
Before you do anything check the members card and record Membership Number.
If you are certain that you can smell cannabis emanating from the member or his bivvy, send in a bailiff’s booking form to the Assistant Secretary.
Do not put yourself in harm’s way, at the first sign of aggression back away.
Cannabis Action for Bailiffs – SENARIO 2
Before you do anything check the members card and record Membership Number.
Whilst still in possession of their Membership Card and you are convinced that the Member has been or is smoking cannabis, you can say you suspect them of smoking cannabis, and that you will be reporting it.
Return their Membership Card to them.
Send in a Bailiffs Booking Form to the Assistant Secretary.
Do not put yourself in harm’s way, at the first sign of aggression back away.
Cannabis Action for Bailiffs – SENARIO 3
Before you do anything check the members card and record Membership Number.
Whilst still in possession of their Membership Card and If it is beyond any reasonable doubt that the Member is in possession of or is actually smoking cannabis, or is under the influence of drugs. You can tell them what you believe and ask them to pack up and leave the water.
Report it to the Police stating that you believe the Member has been smoking cannabis and is about to drive home – give them the car registration number and ask for an incident number.
Record the police incident number on your Bailiffs Booking Form and send it along with their Membership Card to the Assistant Secretary.
Do not put yourself in harm’s way, at the first sign of aggression back away.
Remember: – ONLY THE MEMBER NUMBER IS NEEDED TO BEGIN THE PROCESS