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Trespass is NOT a criminal offence, hence you cannot be 'charged' by anyone!

IF the lake is on private property, you may be trespassing to be there, but ONLY the owner of the property can initiate proceedings against you in a private prosecution (NOT the police) as it's classed as a civil offence (in the UK), not a criminal one.

The only time the police would get involved in such an issue was if it was escalted in some way, e.g. the allleged trespasser was in possession of a gun (which then elevates the offence dramatically to 'armed trespass' which the police treat very seriously) Another reason they may get involved is if any confrontation between the alleged trespasser and the owner (or their agent) becomes heated and escalates to a point where violence (or threats) occur.

IF you are fishing and killing / taking fish, that is a seperate matter entirely, and SHOULD be treated by the police as the criminal offence of theft.

Consider also that the lake might be marked as 'Private' for a number of reasons, and under those conditions, fishing there MAY be punishable as a criminal offence ... a SSSI (Site of Special Scientific Interest) etc

Consider also the reality of the situation - 'private' lake, possibly well off the beaten track - angry landowner / bailiff, fragile fishing tackle........

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12y ago

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