An amateur gamekeeper has received an £800 fine after a sparrowhawk starved to death in a trap in Cheshire.

Photo credit RSPB

At Manchester Magistrates’ court today (16 December 2021), Hilton Prest pleaded guilty to unlawfully using a trap on or before 10/2/21 contrary to Sec 5(1)(b) of the Wildlife and Countryside Act. He was fined £800 (plus £85 costs and £80 victim surcharge). A charge against a second man was discontinued. 

On 10 February 2021, a member of the public found a sparrowhawk alive in a cage trap on land managed for gamebird shooting near Bosley. Cage traps are large mesh traps designed so a bird can get in but not out. They can be used legally, under license, to control crows, and must be checked every 25 hours. Any non-target birds caught accidentally must be released unharmed during daily inspections. When not in use the doors on such traps must be removed or secured open so birds cannot be caught.

There was snow on the ground and no shelter or water for the bird. The door to the trap was closed, so the member of the public opened it slightly, hoping the sparrowhawk would escape. Concerned for the bird’s welfare, they later provided the trap’s location to the RSPB.

The juvenile sparrowhawk became caught in a crow cage trap during freezing weather in February 2021

RSPB Investigators attended the following day, 17 February, however they found the sparrowhawk (later confirmed as the same bird) dead inside the trap. There were also the remains of a blackbird, which had presumably attracted the sparrowhawk inside, and some grain, which had presumably attracted the blackbird. Despite the door being ajar, it appeared the sparrowhawk had been unable to escape and starved to death.

Cheshire Police were notified and the body of the bird sent for post-mortem examination. A veterinary pathologist confirmed the bird had died of starvation and would have experienced considerable unnecessary suffering inside the trap. (The veterinary work was funded by money from Wild Justice, provided to support such cases, and administered by the PAW Forensic Working Group.) Two men were later interviewed by the police and reported for offences in relation to the unlawful use of the trap. 

District Judge Mr Jack McGarver said that he accepted that the act was careless rather than reckless or intentional, but that the degree of carelessness was high, and that it was well below the standard that was expected.

He added: “The sparrowhawk is a beautiful native creature which is entitled to be protected.”

Tom Grose, RSPB Investigations Officer, said: “An unattended set trap in in sub-zero temperatures was a death sentence for both birds.

“If a trap is no longer in operation, it must be disabled in such a way that no bird can become caught. The operator has a duty of care to ensure that this happens, and that no birds can become caught inside. This duty of care was not met.

“This is yet another example of why Natural England must improve the general license conditions for disabling these traps, in line with conditions in Scotland. We are aware of a number of other birds, including buzzards and a goshawk, that have starved to death inside cage traps which appear not to have been properly disabled. In this case, a simple padlock securing the door wide open would have saved the life of this blackbird and this sparrowhawk. This needs to be addressed to ensure no more birds perish in this sad and wasteful way.”

If you find a wild bird of prey which you suspect has been illegally killed, or a trap with a bird of prey caught inside, phone the police on 101, email RSPB Investigations at crime@rspb.org.uk or fill in the online form: https://www.rspb.org.uk/our-work/our-positions-and-campaigns/positions/wildbirdslaw/reportform.aspx