The removal of uncollected charity shop goods is theft
A criminal judicial review test case was heard in the High Court on 14 July to determine whether removing donated goods outside a charity shop was in fact a crime of theft.
Robert Rickets was charged with two counts of theft and had admitted taking various items left in bags outside a British Heart Foundation (BHF) charity shop and other items from a bin at the rear of an Oxfam shop with the intention of selling them at a car boot sale.
He maintained they had been abandoned and therefore did not constitute “property belonging to another” within the meaning of s.1 (1) of the Theft Act 1968. He sought a declaration that the magistrate’s decision was unlawful and an order quashing his committal to the Crown Court.
The High Court judge, Wyn Williams did not agree with the rogue trader and explained that the goods had not been abandoned and the donor had intended to donate them to BHF and the owner had not given up ownership.
As for the Oxfam items, the goods were in a bin in close proximity to the shop and the bin was therefore under the control of the shop and again, not abandoned by unknown owners.
The Association of Charity Shops commented on the ruling: “we believe it has broadly positive implications for charity shops. The ruling is quite clear that ownership of the goods remains with the ‘donor’ until the charity shop picks them up.
This means that – unless you physically accept the goods – you should not be liable for any litter clear-up costs.This ruling may also deter others from leaving bags full of goods outside shops overnight, once they realise that they still own the goods, and may be liable for litter costs. It may also deter others from rummaging, if they realise they may be arrested for theft.”
R (Rickets) v Basildon Magistrates’ Court [2010] WLR (D) 186), 14 July 2010
Comments
Fenris, 14/10/2010
I have not read the judgement, but from the comments in the article, if items left outside a charity shop or in a bin remain the property of the person who placed them there, then the charity shop is in no position to complain of theft until they have taken possession of the items - which of course they will never do if the items are removed by a third party. Only the owner can complain of theft. And the owner might well not wish to get involved in such a prosecution.