Offences

1Offences 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.