From: hex@unseen.ac.am 
  
 On 24/08/2025 17:14, Jethro_uk wrote: 
 > On Sun, 24 Aug 2025 15:22:05 +0100, Norman Wells wrote: 
 > 
 >> On 24/08/2025 13:31, Jethro_uk wrote: 
 >>> On Sun, 24 Aug 2025 11:34:37 +0000, Roger Hayter wrote: 
 >>> 
 >>>> On 24 Aug 2025 at 11:31:43 BST, "Norman Wells"  
 >>>> wrote: 
 >>>> 
 >>>>> On 24/08/2025 10:55, Jethro_uk wrote: 
 >>>>>> On Sat, 23 Aug 2025 23:34:13 +0100, JNugent wrote: 
 >>>>>> 
 >>>>>>> On 23/08/2025 08:40 PM, Jethro_uk wrote: 
 >>>>>>> 
 >>>>>>>> I note that S132 part 1 of the Highways Act 1991 makes it an 
 >>>>>>>> offence to attach things (posters and presumably flags) to the 
 >>>>>>>> road or structures thereof which includes lampposts. 
 >>>>>>>> 
 >>>>>>>> This being the case, would someone removing such artefacts be 
 >>>>>>>> guilty of an offence (e.g. criminal damage) ? Would the initial 
 >>>>>>>> unlawful placement of the item have any bearing. 
 >>>>>>> 
 >>>>>>> Let the public authorities enforce the law. 
 >>>>>> 
 >>>>>> When they have emptied my fucking bins. 
 >>>>>> 
 >>>>>>> Don't take it into your own hands, especially for such trivial 
 >>>>>>> alleged breaches of the law. 
 >>>>>> 
 >>>>>> I had no intention of. 
 >>>>>> 
 >>>>>>>> I notice one enterprising chappie is removing flags from lampposts 
 >>>>>>>> and then selling them on eBay to people to put back on lampposts 
 >>>>>>>> ... 
 >>>>>>> 
 >>>>>>> Theft Act applies? 
 >>>>>> 
 >>>>>> Can you steal something illegally disposed of ? 
 >>>>> 
 >>>>> Yes if it belongs to someone else.  But you can't steal anything that 
 >>>>> is deemed 'abandoned', and where the owner cannot be discovered by 
 >>>>> taking reasonable steps. 
 >>>> 
 >>>> The mear fact that something has been left unlawfully on another's 
 >>>> property does not mean it has abandoned. With flags on a lamp post it 
 >>>> is reasonable to assume that that is where the owner wants them to be. 
 >>>> Not being able to determine the owner only becomes a defence if one 
 >>>> has a lawful reason for wanting to remove the flag. That might apply 
 >>>> to the highway authority, I'm not sure if it could apply to a 
 >>>> vigilante flag remover and almost certainly not to someone stealing 
 >>>> them for profit. 
 >>> 
 >>> However if one starts removing a flag and another person objects on the 
 >>> basis they own and erected it, then they are admitting to an offence ? 
 >> 
 >> A trivial one, as far as I am aware, of littering or possibly criminal 
 >> damage. 
 >>> I did read a report yesterday of someone who was objecting to another 
 >>> removing a flag he (yes, it's only men here) had just put up. Enough to 
 >>> attract the local constabulary ... 
 >> 
 >> Quite right too.  The owner of the flag was easily discoverable, indeed 
 >> known.  The remover was appropriating it and therefore attempting to 
 >> steal it. 
 > 
 > I don't recall mentioning anything that suggested the intention of the 
 > person removing it. They may have intended to return it to the rightful 
 > owner. Much as someone may return a discarded crisp packet to someone who 
 > has thrown it on the public highway. 
 > 
 > You weren't making assumptions were you ? 
  
 No.  You will find both 'stealing them for profit' and 'selling them on 
 ebay' in the conversation above which has involved others as well as you. 
  
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