Found Money on the Ground? Can You Really Just Keep It?
Picture this: you’re walking down a busy street and notice a £20 note lying on the ground. Your instinct might be to pocket it, thinking “finder’s keepers.” But, under English law, it’s not that simple. The Theft Act 1968 sets out strict guidelines regarding lost property, including cash, and spells out when keeping found money might actually be considered theft. Here’s what you need to know before claiming any money you find on the ground.
Understanding the Law: The Theft Act 1968
Under the Theft Act 1968, a person is guilty of theft if they “dishonestly appropriate property belonging to another.” This means that even if the property is lost, it could still legally “belong to another” unless it is genuinely considered abandoned. Cash, as tempting as it may be to think of it as ownerless, does not automatically qualify as abandoned simply because it has been misplaced.
When someone loses cash, it’s usually by accident—such as dropping it on the street or leaving it at a store counter. Unless it’s clear that the owner has abandoned the money (say, if it was thrown out intentionally), the cash still legally belongs to them. In other words, just because you don’t see the person who lost it doesn’t mean you’re free to keep it.
When Can Money Be Considered Abandoned?
In legal terms, abandoned property is property that the owner has intentionally and permanently given up any claim to. This is a key distinction under English law: for money to be considered abandoned, there has to be clear evidence that the owner no longer intends to reclaim it. An example might be loose change tossed away, but cash that has accidentally slipped out of a pocket or bag doesn’t meet this threshold. It’s not up to the finder to decide that the money has no owner—this assumption is generally considered unreasonable under the law.
Reasonable Steps to Locate the Owner
If you find cash and are considering keeping it, the law expects you to take “reasonable steps” to locate the owner before claiming it as your own. These steps could vary based on where the money was found. For instance:
- In a Store or Venue: If you find money in a shop, it’s reasonable to inform the staff and leave the money with them. They may be able to locate the person who lost it, especially if it was dropped recently.
- On the Street or Public Space: Finding cash in a public area complicates things, as it may be challenging to trace the owner. However, turning it into the police is often considered a reasonable step, especially for larger sums.
Taking these steps demonstrates an effort to find the rightful owner, which could protect you legally if the owner later came forward. By contrast, pocketing the cash immediately might suggest “dishonest appropriation,” meeting the criteria for theft under the law.
What Happens if You Keep Found Money Without Trying to Find the Owner?
If you fail to take reasonable steps to find the owner and keep the money, it could be considered theft by finding. Legally, the term “dishonestly appropriate” applies if you take property with the intent to permanently deprive the owner of it, without any attempt to locate them. This could lead to legal consequences if the owner is identified later and reports the money as stolen.
For example, if you find a wallet with cash, ID, and cards and keep it without trying to locate the owner, this would almost certainly meet the definition of theft. Even if only cash is involved, the legal principle still applies: keeping it without a reasonable attempt to find the owner can be considered theft.
Key Takeaway: Is Keeping Found Money Worth the Risk?
In the end, keeping found money is a legal grey area. Whether you could be held responsible under the Theft Act 1968 comes down to whether you could reasonably believe the owner was untraceable, or if you took reasonable steps to find them. For larger sums or more valuable items, not making an effort to find the owner could easily result in legal complications.
So next time you spot cash lying around, consider the potential risks of pocketing it. Turning it in or taking reasonable steps to find the owner could save you legal trouble—and, if unclaimed, you might even get to keep it after a certain period without risk!