Legal question - Is bin sifting legal?

I would say no on the provision trespass is not committed in the process of getting to the bin. But am only too aware that as far as charges go, trespass is pretty lame. So long as a trespasser leaves on being told to do so there is no charges to answer.
Gotta be a bit of a rat bag to do it though ;)
 
Trespass is a civil, not criminal offence. No charge. This is covered by section 68 of the Criminal Justice & Public Order Act: there are some exceptions that can lead to a criminal act under section 68. For section 68 to be enforced as "aggrevated" it has to be shown that you are intending intimidation, or disrupting / obstructing a lawfull activity
 
Ha!

I think we have had a thread on this before...

We investigated a company a few years ago in a case which went to the High Court in the Strand. We lifted one of the targets bin bags which was left on the pavement outside the house. This gave us vital information which led onto a two year investigation involving copyright.

The defendants accused us of theft but this was dismissed by the judge because our clients solicitors told them that we were in possession of the rubbish and would return it after the case (therefore no intent to permanently deprive)...

Trespass was not committed because the bags were on the road side (anyway, trespass is a civil offence (not criminal) and so the Defendants would have to prove damages and sue rather than prosecute, IF they thought trespass was an issue)

We did another job in Spain, a cracking result was obtained from the rubbish, we found hidden assets.

Ratbag to do it? We saved one of our clients over half a million by obtaining evidence from a skip, again involving copyright.

Just do it properly, plan it, go on bin day, dress like a bin man, act like a bin man. Understand the law and don't break it.

Peter @ ISS
 
hi, i did a very high profile case where millions of pounds were at stake, we ended up in the high court, i lifted the rubbish under the pretense that the seaguls had opened the bags and as a concerned member of the public i felt it was my duty to re-house the rubbish as the local council might knock the residents door and ask the resident to clean it up.....so the short side is wait until bin day and the bin/sacks are out on the pavement then do the lifting, and if need be take some bags from another house on another street and replace the ones you have lifted thus not causing any suspicion...the result was my client won his case..
 
There was a case a few years back where some bloke was going through the bins of celebs and selling on the information that he found. He made quite a lot of money from this (there was something on the TV about this) and was found guilty at court.
Dont have his name to hand or the case law reference but the offence took place on Harley Street by some Jewish bloke from North London if anyone else remembers it.
 
My understanding of this (ie wheelie bins) is that once someone throws rubbish into it, despite them giving up all rights to the said rubbish, it becomes the property of the local council as they own the bin. But, as long as you can prove your reasons / investigation is justified and proportional, and you can prove that you don't intend to keep the rubbish then theft isn't a problem. And like Pete said, just be wary you don't over step the DPA.
 
Surely if you were acting within RIPA then any evidence gathered with due and appropriate authorisation then it would be legimately gained evidence. However, it would seem logical that the evidence must be deposited in a public place, otherwise it may be classed as theft.

As to the point raised by Bornsloppy, I agree; In my view removing such articles from a Bin could be construed as theft.

Very interesting issue though and I think that even a different courts may have different interpretations. A case sample would be handy though.
 
Forget RIPA, forget it - never mention it again!

It has absolutely nothing to do with it if you are a private individual / consultant / contractor....

Why do people keep bringing up RIPA? Every time there is a legal argument or query on this forum someone always pipes up 'RIPA alert!.

It is for PUBLIC BODIES ONLY!

Quote: As to the point raised by Bornsloppy, I agree; In my view removing such articles from a Bin could be construed as theft.

DEFINITION: A person shall be guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Ask yourself: Are you being dishonest (cause for argument)? Do you intend to permanently deprive the owner?

Test Case: We told the owners at disclosure that we had the property (bin sift material) and it was going to be returned to them. No Case of theft.

Peter
 
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Let's face it most of us chuck out the details of our lives onto the street all the time. Nothing wrong with garbology, it's my favourite activity!!! I'm a bit more careful with what leaves my house but you'll be amazed by what gets thrown out without a second thought, medication packets, bank stuff, pregnancy tests you name it! You just need a good pair of gloves. I do wish people wouldn't put their deceased pets in the dustbin, that really IS gross!
 
medicgirl said:
Let's face it most of us chuck out the details of our lives onto the street all the time. Nothing wrong with garbology, it's my favourite activity!!! I'm a bit more careful with what leaves my house but you'll be amazed by what gets thrown out without a second thought, medication packets, bank stuff, pregnancy tests you name it! You just need a good pair of gloves. I do wish people wouldn't put their deceased pets in the dustbin, that really IS gross!
Click to expand...

Thought you were called Piki, not Pikey ;)
Make sure you wash your hands before treating your next Patient!
 
Bin Sifting!

Well, 25 pence for every time you find a returnable glass bottle, it's an option for every soldier who can't get into CP, lol...............including myself!
 
Other than the Jewish gentle man, has anyone else been charged with bin lifting? I can't see a problem with it. Like you all say, be careful. If it helps with stopping crime taking place and inhibits justice to force criminal activities to cease, then crack on. Lets not forget, the Police undercover teams do it to gather there evidence.
 
.......DEFINITION: A person shall be guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it....

If it's in the bin / binbag, on the street, I wouldn't think there's any suggestion of depriving someone of 'their property' ! :)
 
From the perspective of a person who throws things away: whether there are legal niceties or not, once the item has been placed in the bin and the bin is exposed to the elements, in my opinion that item is public knowledge. Anyone can have the contents of my bin, they can just walk in through the front gate at night, open the bin and take bags out. Also, it can be interecepted anytime from the point of collection by the council until its final destination at some landfill.

For that reason I don't discard any of the following items:

Any bank/financial correspondence
Any health related documents
Any packing labels with my name and address on them
Any packaging materials with the sender's name and address on them
Any merchandise or commercial packaging related to forensics or firearms or ammunition
Any flight/travel information, conference leaflets, invitations
Any electronic storage device

All of the above get shredded. Basically anything that identifies me, connects me with another individual, or provides information about my future movements get wiped.

I assume that the bin is a portal into the public domain and I anonymise the rubbish accordingly.
 
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