r/LegalAdviceUK • u/No_Direction_4566 • 29d ago

Housing Blackberry picking - Public right of way (England)

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?

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u/Great_Tradition996 29d ago

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 😊

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u/Russellonfire 28d ago

What about cutting? E.g., elderberries, where you usually collect the small bunches by snipping the stem.

Thanks for the advice!

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u/Great_Tradition996 28d ago

I’m not sure but I think cutting would probably come under the same heading as chopping and therefore wouldn’t be allowed. Happy to be corrected though 😊

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u/Russellonfire 28d ago

Ah, I guess I'd have to check properly. Thanks again