Mark Thompson said:There's am old bike near me that's been abandoned for some weeks (at least)
after having the rear wheel and derailler nicked. It's and old, battered
frame and the front wheel is steel (spits). On the plus side it looks like
it would be suitable for turning into a fixie.
Do I have any legal options for unlocking it with some bolt cutters? If I
can't do it legally, what're the panel's thoughts on whether the police are
likely to care about someone 'nicking' an obviously abandoned wreck?
If you genuinely believe the bike to have been abandoned then
technically you can't steal it. You would have to be able to justify
your belief though.
Theft is defined as.
"Dishonestly appropriates property belonging to another with the
intention of permanently depriving the other of it's use"
No mens rea = no crime
However if it is locked in a public place it becomes the property of the
local council or their agents who have the authority to remove it. It
could then be stolen even though they may not specifically know it
exists or want it.
Bottom line is that even though I have often seen bikes in the same
place that have been clearly abandoned and could be re-cycled, forgive
the pun, or are disposed of as stolen/found property my better judgement
says the benefit of removing them is not worth the risk of
misunderstanding in the one case or allegations in the second.
Upsetting as it may be the best policy is to let it go to scrap.
Sniper8052