9 Open trapping of hares and rabbits in England and Wales(1)Subject to the provisions of this section, a person shall be guilty of an offence under this subsection if, for the purpose of killing or taking hares or rabbits, he uses, or knowingly permits the use of, a spring trap elsewhere than in a rabbit hole.
(2)A person guilty of an offence under the foregoing subsection shall be liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale] or, if he has been previously convicted of such an offence or of an offence under section five of the M1Prevention of Damage by