The Wild Mammals (Protection) Act (1996) refers to animals ‘taken in the course of pest control activity’ and states that if a person kills such an animal, he/she shall not be guilty of an offence providing the killing is ‘in a reasonably swift and humane manner’. Furthermore, an animal is protected under the Animal Welfare Act (2006) if s/he is ‘under the control of man whether on a permanent or temporary basis’. Animals stuck to glue traps are, therefore, protected. This means that the person who put the trap down is responsible for acting in a way so as to prevent the animal from unnecessary suffering. Failure to do so may put them at risk of committing an offence under Section 4 of the Act, which states:
(1)
A person commits an offence if:
(a)
an act of his, or a failure of his to act, causes an animal to suffer,
(b)
he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,
(c)
the animal is a protected animal, and
(d)
the suffering is unnecessary.