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The CPS get it right for a change!

Community Veteran
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Registered: ‎23-09-2010

Re: The CPS get it right for a change!

I used to regularly look in my local Iceland bins, a few years back. I started because of bread would you believe. Dear old Mum, at that point, liked feeding ducks twice a day. So two or three sack fulls of out dated bread would last a week and of course save a lot of money.
In a period of say three years I only saw the police about four times. It was only a "what you doing sir" and making a note of my car number "in case there is a complaint". Of course there never was.
You got used to seeing the same people regularly. Many clearly just for a bit of personal grub. Some looked out of place. Like an Indian couple, well dressed posh estate car, often would grab all the trays of meat. Maybe they had a cafe?
I'd be lying if I said I never took anything for myself apart from the duck bread. I mean fruit and veg thrown away because they're past the date or one in a pack is a bit damaged. Lots of four packs of various beers. Multi packs of crisps chucked because the pack is open.Their entire stock of cheese thrown away because of a fridge malfunction.
I'm sure the staff must also raid/use the bins themselves sometimes. One time I lifted out a sack of bread and there was a box neatly placed underneath it. I looked inside and there was six nice bottles of Australian wine.
I don't believe Iceland would ever prosecute. As these bins were unlocked in a public car park. I think the regs say they should be locked and in a cage. So Iceland are probably saving a fortune. Even more now as recently I just happened to park there and I see they only have one bin now. I'm assuming it's getting emptied quickly. So that's less for them to pay for disposal.
I guess this is down to more immigrants. Even way back then, along with the regulars, you used to occasionally see an entire family come walking up to the bins. These families would only be seen once so they must be just passing by on there way to somewhere. I'd guess that some of these were Romanians because strangely they were dressed just like on a "picture post card" of Romania. Most couldn't speak a word of English but they were all friendly. If I had had the last sack of bread I'd always offer them some or lend them my home made gaff hook.
I'm pleased that a lot of people use this food instead of it going to waste. I only saw the tip of the iceberg as I only used to visit once a week as my primary concern was getting the weeks supply of duck bread.
candyman
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Registered: ‎21-01-2014

Re: The CPS get it right for a change!

I think, that the legality of ownership, comes into this......
Up to the point of the food ( or any property ) leaving the premises, it still belongs to the premises/owner/business.... Once it has entered the "bin"... it then becomes the property of the "binmen"/disposal company.... so removing it without their ( binmen ) consent, is, technically, theft....
It would also depend where the bin/skip was placed and who owned the property it was on.  The contents of the bin/skip do not become the property of the "binmen" until they actually take possession of it.  The CPS would have taken into consideration the motives of those involved, as looking for something to eat without the intent to commit a crime does not constitute 'theft' - they should exhibit the 'mens rea' (a guilty mind) and actus reus' (a guilty act).  
Actus non facit reum nisi mens sit rea - "An act does not make a man guilty of a crime, unless his mind be also guilty"
Community Veteran
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Registered: ‎02-08-2007

Re: The CPS get it right for a change!

I Guess it would be impossible for the police to prosecute someone taking food from a store that had been put out for removal unless that store agreed to support the prosecution.
Most unlikely any store would wish to support a prosecution unless damage had been caused or staff threatened with violence when trying to stop someone removing the food.
Community Veteran
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Registered: ‎23-09-2010

Re: The CPS get it right for a change!

I can see there are cases where prosecution may be warranted.
Several years ago my brother had  a brief job of painting shop fronts. I helped him out for a few weeks in this.
One of the jobs was a Halfords superstore which had to be done at night. This was on a large trading estate along with other superstores. In the distance you could see the backs of other stores like Comets etc. Over the period of the four nights we were there, regular visitors appeared after midnight. Usually three or four cars, at the same time, at the backs where the bins were. Maybe a "bin gang"? These were the huge steel container like bins which are usually secured in some way and they looked to be in the stores own compounds. They never stayed longer than half an hour.
That was probably due to the regular police patrols which we found out about on the second day. So there we were with half the shop lights on, a row of spotlights lighting the shop front up, masking tape and spray guns in hand, and the police pull up and virtually comes out with the allo allo what you up to then? I was almost tempted to say robbers with poor eyesight.
But I don't believe anyone should ever be prosecuted for taking anything out of bins freely accessible to the public. Has anyone ever been?
Community Veteran
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Registered: ‎10-04-2007

Re: The CPS get it right for a change!

Quote from: billnotben
In the distance you could see the backs of other stores like Comets etc. Over the period of the four nights we were there, regular visitors appeared after midnight. Usually three or four cars, at the same time, at the backs where the bins were

What's the betting they were collecting faulty returned goods which they were going the sell on eBay as new unused?
jelv (a.k.a Spoon Whittler)
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Community Veteran
Posts: 5,851
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Registered: ‎23-09-2010

Re: The CPS get it right for a change!

Quote from: jelv
What's the betting they were collecting faulty returned goods

Along that line on one other job my brother did on his own at another superstore. There he noticed some staff putting boxes in the bins. Having a look he saw they were nicely boxed up shop goods. So he picked up a couple. If I remember right what he told me it was a big fan and a power drill. No sooner than he did a staff member came out and asked what he was doing. He said it's a bin so surely you don't mind me having a few bits of "rubbish".
Now this makes no sense but this is what he was told. They're customers returns and damaged goods which have to be returned to the manufacturer.
He never bothered asking then why are you putting them in the bin as that was pretty obvious. Much the some reason some staff member put the box of wine in the Iceland bin I would imagine.