I have recently come accross the term Freeganism,
which involves among other things, taking discarded food and other items from rubbish bags left outside shops on the pavement. Another version is called "dumpster diving", a similar activity but entails recovering items from large bins. Is this illegal?
Technically it is theft - the rubbish isn't intended for you, and until it is taken away it is the responsibility of the person who put it there.
Could also be trespass if the bins are on private land, such as the back of the supermarket.
Last week we caught an entire family in the dump bin we keep outside (I work in the Co-op). Dad was literally inside the bin, whilst mum and sprog were next to it being passed the "goodies". And to add insult to injury, the bags of normal rubbish they came across, ie- bags of food wrapping, the cheeky sods cobbed those outside and didn't even bother putting them back again!
Quote:
"A person�s appropriation of property belonging to another is not to be regarded as dishonest . . . if he appropriates the property in the belief that he would have the other�s consent if the other knew of the appropriation and the circumstances of it". (Para. 1(b), Section 2, Theft Act 1968).
'Freegans' and 'skip divers' generally pursue their actions on the assumption that the legal owner of the food (or other property) has indicated (by, for example, dumping it in a skip) that they have no further interest in the property and would therefore be willing to consent to it being taken.
Note that taking the items is legal as long as the person taking it has a reasonable belief that the owner would give consent. Whether or not the owner would actually grant such consent is completely irrelevant.
Chris
PS: Further to Hc4361's post:
With very few exceptions (such as trespassing on a railway) trespass is not a criminal offence. It's only a civil matter. Anyone has the right to enter a supermarket skip area, your garden or (if you leave your door unlocked) even your house. They only commit an offence if they refuse to leave when told to do so.
Maybe just me but I'd interpret responding to the question "Is this illegal?" with "Could be trespass" as suggesting trespass is illegal. That's certainly how I read it. Otherwise why say it at all?