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theft by finding

 
ScotsLawPro's Avatar
  • Answered by:ScotsLawPro
  • Solicitor
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  • Accepted Answers: 1247
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in Scots Law

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Customer Question

theft by finding

Submitted: 1554 days and 11 hours ago.
Category: Scots Law
Value: £24
Status: CLOSED
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Expert:  ScotsLawPro replied1554 days and 11 hours ago.

Hi toneylowe1

 

Sorry, what is your question?

 

SLP

Customer replied1554 days and 11 hours ago.

the definition of scottish law relating to theft by finding

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Expert:  ScotsLawPro replied1554 days and 10 hours ago.

Hi again

 

Theft by finding is quite simply when you find property that you know or suspect belongs to someone else, make no effort to find the owner or hand the property to the police or someone else in authority and thereafter retain it for your own use or dispose of it as if you were the beneficial owner.

 

Hope this helps. Please click ACCEPT for my time to be credited.

 

SLP

Customer replied1554 days and 10 hours ago.

what would be considered as a reasonable amount of time to return the property

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Expert:  ScotsLawPro replied1554 days and 10 hours ago.

Hi again

 

There is no strict time limits and each case would turn on it's own merits. I would suggest that a reasonable guide would probably be 72 hours but that's only a personal view and is NOT law. There is no time scale set by law.

 

SLP

Customer replied1554 days and 10 hours ago.

So if it is the intention to return the property whatever the timescale is this theft under scottish law?

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Expert:  ScotsLawPro replied1554 days and 10 hours ago.

No certainly not. I can't put a timescale on it. If you intend to return the property it is not theft as there is no intention to deprive, but there would come a time where this might be quite hard to prove.

 

SLP

Customer replied1554 days and 10 hours ago.

this was regarding some cash that i picked up and because i do not go to scotland that often (daughter in university) I was going to take this to a police station when i went up again, it was as i recall the beginning of february

Accepted Answer

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Expert:  ScotsLawPro replied1554 days and 10 hours ago.

If you are intending handing it in there is no prospect of you being charged with theft by finding.

 

SLP

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 99.3 %
Accepts: 1247
Answered: 3/17/2009

Experience: LLB (Hons), Dip LP, NP

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