A dad and his daughter were out picking blackberries when they were accosted by an angry older man who threatened to call the police, claiming what they were doing was ‘illegal’
A father and his daughter were left stunned after a stranger threatened to call the police on them for picking blackberries from a bush next to a public path. The pair were enjoying a walk when they decided to make the most of nature’s bounty.
But their innocent foraging quickly turned sour when an “older gentleman” began shouting at them, claiming their actions were illegal. The incident sparked confusion over what is and isn’t allowed under the Wildlife and Countryside Act 1981, which was introduced to protect animals and nature and has been regularly updated since.
Despite this, it can still be confusing knowing what’s allowed and what isn’t when it comes to foraging and enjoying the natural flora and fauna around us.
The baffled dad took to Reddit to seek advice, sharing his story in a post titled “Blackberry picking – Public right of way (England)”.
He wrote: “Me and my daughter were picking blackberries alongside a path. An older gentleman comes rushing along the path and starts shouting that it’s illegal to pick blackberries and he’s going to call the police and report us for poaching.
“I thought that only applied to animals on royal owned land? What are the legalities surrounding picking blackberries or even wild apples or plums?
“I may be wrong but I was under the impression if it was on public rights of way and you haven’t had to do anything to gain access then it was fine?”
The Food Standards Agency advises: “Under the Wildlife and Countryside Act 1981 and the Wildlife (Northern Ireland) Order 1985 it is illegal to uproot any wild plant without the permission of the owner or occupier of the land.
“It is also illegal to pick, uproot, collect the seed from, or sell, any of particularly rare or vulnerable species.”
The National Trust adds: “Please only pick for personal use and only pick as much as you will use. Always leave plenty for others to enjoy.”
It further cautions: “Please don’t uproot or damage structures below ground without permission. This is illegal without consent under the Wildlife and Countryside Act 1981 and the Wildlife (Northern Ireland) Order 1985 and Theft Act 1968.”
In response to the Reddit user’s post, fellow social media enthusiasts were quick to share their thoughts.
One person advised: “The best way to remember is that you can pick and pluck but not chop or dig. This applies to any fruit or flora growing wild (not cultivated). You are also only allowed to pick them for your personal use (i.e. you can’t sell them or any produce made from them for profit) as anything else is considered theft.
“The reason I know this is not because I’m a complete saddo (well, not entirely); I’m a police trainer and regularly have to teach the theft act to student officers! Local police would politely inform him it’s not their concern. Carry on enjoying your blackberrying”.
The Theft Act 1968 provides further support for this perspective: “A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose.”
