Is it theft if you return the item?

[Countrydogx]

We live in the countryside and on our way home we see some bits of old tree by the side of the road, we thought would be great for the fire so DH popped them in the boot.

We got home and a couple of minutes later a very angry woman came to the door shouting that we have stolen the wood from the farm nearby, that it was private properly. Didn’t appear to be her property. We apologised said we didn’t realise and DH said he would take it straight back. The woman continued to rant about how we are thieves and she was going to police/ the farmer etc

We honestly didn’t realise it was anyone’s and DH has taken it back (it was literally 3 longish sticks).

Should we be worried? She clearly followed us home and said she had filmed us?

I was quite shaken up tbh!

Well it was on a long shared driveway to four rural cottages which is also used by dog walkers etc. it isn’t an urban driveway so may have looked to someone like it was on the side of a small country lane. The point is that even if wood doesn’t look like it belongs to anyone that isn’t true. It isn’t ok to just take it without the permission of the landowner.

I’m a criminal lawyer and agree fully with this definition and information. As you’ve returned it it is not in the public interest to investigate this/use limited police resources on it. In the unlikely situation the police come knocking explain genuine mistake and you returned it immediately. As a general point you can commit “theft by finding” something you think may have been abandoned but actually isn’t.

So who did the tree belong to?

It is unlikely that the police will be interested in investigating this, but if they do, tell them that you genuinely but mistakenly believed the wood had been abandoned.

Just don't post anything on twitter and you'll probably be fine.

If they do send the Police, it'll probably be somebody from Special Branch...

For it to be theft the prosecution would have to prove intention to permanently deprive and dishonesty. Whilst proving the intention to permanently deprive might be easy, dishonesty would be a bit harder considering that they just left the wood on a road side.

Chances are the woman is a busy body and the farmer will be more understanding. The police won't be interested.

In our neck of the woods you do. Not local houses but every few years the big estate cuts back everything near the road and leaves the wood on the side and people come along and help themselves. There’s always lots of windfall up for grabs too, op it might be handy to do a chainsaw course if you are happy to chop up stuff, consider a trailer.

This is exactly what it seemed to be! Like bushes and overhanging trees had fallen down or been cut down and push against the side of the road!