in this thread http://www.seatroutforum.com/showthread ... 932&page=2I have to assume that the signs to be posted at Betws y Coed will be placed by the Riparian owner of the water in question!
If this is the case, then those signs will have no relevant authority in criminal law for the the prevention of a criminal act, these signs will have been placed as advice by a private person or body who cannot directly take action against a person or body who has or about to commit a criminal act, only an authorised person ie A water bailiff or a duly sworn constable may take such action as is neccesary to deal with an offender appropriately.
For such signs to have a meaning of direction..ie to ensure compliance by way of lawful instruction, then these or that instruction can only be placed by the relevant Authority ie the EA or NW Police who also has jurisdictional ability in accordance with Fishery legislation to prosecute offenders.
In response to Sewin bashers para in which he states :- I think you have missed the relevance of the words contained in the above that Medicine pointed out and those are in bold red text. This means that you do not have to prove that any disturbance of spawning fish or spawning beds has taken place, just that it might have taken place.
I would say thus... that in proving fishery crime in a court the prosecuting authority, in this case the EA, would as in the past had to prove every inch of it case in " Points to Prove " in order to satisfy a local bench that an offence had in fact been committed, and if it is unable to do so fully, then the bench is duty bound under the Rules of Evidence to acquit the person charged, I'm sure Hoppy would be able to add his comments at some point in this debate as to the may or maybe not practises of the legal world and the definition of Case Stated law..
The placing of signs with regard to informing a canoeist(s) that they maybe be about to transgress fishery law at a specific time of year were referred to in terms of the EA making such placements and if there had such intentions then as a matter of fact, the WLA would have to be observed as a matter of lawful obligation by a WAG sponsored body anywhere in Wales... that is a matter of fact as is already practised in certain locations.
Private individuals may be required to comply and issue a bi ligual staement if a complaint was recieved by the Welsh language Board from say a Hostile complaining canoeist..but that beggars belief that they may go that far, but as we all know far crazier matters have come to light in this politically correct and maddening world.
ps what happened to Medicines Post... it took a powder or has it become an X File ?
I also understand that Mr williams is a retired enforcement officer so would seem to understand what he is on about, his arguements are backed up with reasoning, unlike yours Tony! So are the EA or NW police putting these signs up? if so surely they would have a duty to do all Welsh game rivers not just the Conwy.