Offences

I11Offences relating to glue traps in England

1

A person who sets a glue trap in England for the purpose of catching a rodent commits an offence.

2

A person who sets a glue trap in England in a manner which gives rise to a risk that a rodent will become caught in the glue trap commits an offence.

3

Subsections (1) and (2) do not apply if the glue trap is set under, and in accordance with the terms of, a glue trap licence (see section 2).

4

A person who knowingly causes or permits an offence to be committed under subsection (1) or (2) commits an offence.

5

A person commits an offence if the person—

a

finds a glue trap in England that has been set in a manner which gives rise to a risk that a rodent will become caught in the glue trap, and

b

without reasonable excuse, fails to ensure that the glue trap no longer gives rise to such a risk.

6

If the person reasonably believes that the glue trap was set under, and in accordance with the terms of, a glue trap licence, the person has a reasonable excuse for the purposes of subsection (5)(b).

7

A person guilty of an offence under subsection (1), (2) or (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine (or both).

8

A person guilty of an offence under subsection (5) is liable on summary conviction to a fine.

9

In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (7) to 51 weeks is to be read as a reference to six months.

10

The court by which a person is convicted of an offence under this section

a

must order the person to forfeit any glue trap in the person’s possession or control which has been used in the course of, or in connection with, that offence, and

b

may order the person to forfeit any other glue trap in the person’s possession or control.

11

In this Act “glue trap” means a trap which—

a

is designed, or is capable of being used, to catch a rodent, and

b

uses an adhesive substance as the means, or one of the means, of capture.