From: jethro_uk@hotmailbin.com 
  
 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 ? 
  
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