Gardeners warned over fine and jail time over catching mice in garden

Garden dormouse

Mice in your garden can lead to an even bigger problem (Image: Getty)

It’s the time of year when mice and voles rush into our gardens and start chewing on plants, leaving droppings and generally can cause disruption which can often go unchecked given that many gardeners aren’t spending as much time outside when it’s cold and even snowy.

Mice can be useful in your garden – they feed on , which are a constant problem for , but on the other hand, they also eat new saplings and fruit trees which can affect or even completely destroy new plantings.

often use protective coverings to keep trees safe, such as tree spirals, or put up small barriers to stop mice moving around a garden, as well as plug up fence holes.

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But gardeners have been warned over using mice traps to stop mice and voles because they could even land you a fine and jail time if it goes wrong.

Mice traps are only allowed if you’re going to check them twice a day, because of the suffering they can cause to mice stuck inside them for long periods, and the risk they could be killed if they are found by another predator in the meantime too.

But worse, mice traps can actually trap birds, which is illegal.

The Royal Horticultural Society says: “Trapping is available for use in a garden situation although should be avoided as this either kills the animals or live traps can cause unnecessary suffering. Break-back traps used out of doors must be placed under covers to reduce the risk of other animals interfering with them. Birds are particularly vulnerable to accidental trapping, which is prohibited.

“Non-lethal traps are available but these must be checked at least twice a day, to comply with animal welfare legislation, and the rodent released some distance (several miles is usually recommended) from the trapping site. These animals suffer high levels of stress in the traps, during transportation and survival rates once released are unknown.”

And BASC adds that trapping a bird inadvertently could lead to huge problems down the line for breaking the law.

It says: “Under Section 8 (1) of the Wildlife and Countryside Act 1981 and Section 9 (1) of the Wildlife (Northern Ireland) Order 1985, it is an offence, liable to a special penalty, to keep or confine any bird in any cage or receptacle which is not sufficient in height, length or breadth to permit the bird to stretch its wings freely.”

A mouse trap would not comply with that regulation if a bird was stuck in it, leading to an unlimited fine and possibly six months’ imprisonment.

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