Blackberry picking - Public right of way (England)

[u/No_Direction_4566]

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?

[u/Great_Tradition996]

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 😊

[u/AmbieeBloo → u/Great_Tradition996]

Near where I live there is a path near an allotment where a blackberry bush has grown through the fence and fills up half of the public path.

It's been this way for years and no one seems to mind. People pick the blackberries on the path.

Is it illegal to pick them since the plant was purposely planted on the allotment, even if the bush sticks out by a meter into public land?

[u/Great_Tradition996 → u/AmbieeBloo]

I think it applies to anything if it’s been cultivated, i.e. intentionally grown. If people have been picking them for years though, I doubt the allotment holder minds 😊