The Divisional Court has considered the issue in relation to bags left outside a shop in the case of R (on the application of Ricketts) v Basildon Magistrates Court 14 July 2010.
For the prosecution to prove theft it is necessary to show that the property taken belonged to another person. In this case, Mr Ricketts was seen on CCTV taking bags from outside a charity shop and putting them into his car. He admitted that he was doing it in order to sell the clothing in the bags. The Divisional Court held that the Magistrates had been correct to conclude that persons unknown had deposited items with the intention of making a legitimate donation to the charity. The items, therefore, belonged the charity shop as they were within its possession and control and had not been abandoned. Alternatively, the donor had not at that stage relinquished possession and would not have done so until the shop took possession of the items and the gift was complete. On either basis there was sufficient evidence to show that the property belonged to another at the time it was taken by Mr Ricketts.
Mr Ricketts had also taken some bags from a bin at the back of the charity shop and the Divisional Court held that the charity shop had taken possession of those items and then placed them for disposal in the bins that were within its control and that, therefore, the items belonged to the charity shop.
This case did not resolve the question of ownership of items placed in a bag and deposited in the street to await collection but the obvious extension of the argument is that those items remain the property of the donor until taken into the possession of the charity; they are not abandoned and can, therefore, be stolen.
The law on dishonesty offences is constantly changing and has been substantially added to by the Fraud Act 2006. If you have a need for advice relating to any issue of potential criminal liability then please do not hesitate to contact Hugh Rowland or Diana Infanti.
Charity Bags - Abandoned or Donated?
20/07/2010