They get earlier.

[Danllan]

not quite sure how to describe 'normal' law, 'present law' ?
civil law has evolved through centuries, and one can see why police, CPS, etc, want to let it lapse, it means more work for them.
but it is based on historic principles, that seem irrelevant today, but, it is there, and weighted towards the 'victim', rather than the offender.

See below...

Very interesting. Whats your view on this,@Danllan ?

First, @Dry Rot is in Scotland, a separate jurisdiction and about the law of which I know only a little, and that is in re their Criminal law, my own field. Scotland's system, with its Civil leaning, has a mix of the codified, precedent, opinion and historic Common Law, beyond that I won't venture...

I don't think 'normal law' really means anything here in England and Wales, other than to whoever is saying it; so, being subjective, it certainly has no objective meaning. @som farmer we don't have Civil Law in this jurisdiction, not in the sense that is generally understood, such as in Scotland, France etc.. We do have Civil law, meaning that which is not - generally - relating to Criminal law; and both have indeed evolved, and been given rapid changes, over a long time.

What I think you are referring to, is correctly termed the Common Law, which stems from the oldest Courts we are aware of. It is, basically, customary law, it covers what are now more formally Civil and Criminal law, and more obscure types too.

The Common Law can't 'lapse', expire or what have you; it is valid indefinitely, on the basis of custom and past precedent. It can be superseded by either specific legislation or implied recession (technically) but, otherwise, something that was last used in, say, 1638, could still be used today.

Edit: just noticed the general topic of the thread... 'wild' stuff such as berries and mushrooms are fine to take here, trespass is the issue, but that is generally a Civil tort and someone would have to prove loss to make anything of it. The 'loss' of berries or mushrooms wouldn't be considered - obviously any grown commercially are a different matter.

 

[Dry Rot]

See below...


First, @Dry Rot is in Scotland, a separate jurisdiction and about the law of which I know only a little, and that is in re their Criminal law, my own field. Scotland's system, with its Civil leaning, has a mix of the codified, precedent, opinion and historic Common Law, beyond that I won't venture...

I don't think 'normal law' really means anything here in England and Wales, other than to whoever is saying it; so, being subjective, it certainly has no objective meaning. @som farmer we don't have Civil Law in this jurisdiction, not in the sense that is generally understood, such as in Scotland, France etc.. We do have Civil law, meaning that which is not - generally - relating to Criminal law; and both have indeed evolved, and been given rapid changes, over a long time.

What I think you are referring to, is correctly termed the Common Law, which stems from the oldest Courts we are aware of. It is, basically, customary law, it covers what are now more formally Civil and Criminal law, and more obscure types too.

The Common Law can't 'lapse', expire or what have you; it is valid indefinitely, on the basis of custom and past precedent. It can be superseded by either specific legislation or implied recession (technically) but, otherwise, something that was last used in, say, 1638, could still be used today.

Edit: just noticed the general topic of the thread... 'wild' stuff such as berries and mushrooms are fine to take here, trespass is the issue, but that is generally a Civil tort and someone would have to prove loss to make anything of it. The 'loss' of berries or mushrooms wouldn't be considered - obviously any grown commercially are a different matter.

Even more interesting! Incidentally, the incident with the destroyed mushrooms was in Devon, South West England, but my comments about mushroom collection possibly being a crime was from experiences in Scotland where (apparently) large numbers of eastern europeans were collecting fungi on a large scale, presumed commercially. Many can be dried and were allegedly exported. (That's fungi, not east europeans).

 

[Danllan]

Even more interesting! Incidentally, the incident with the destroyed mushrooms was in Devon, South West England, but my comments about mushroom collection possibly being a crime was from experiences in Scotland where (apparently) large numbers of eastern europeans were collecting fungi on a large scale, presumed commercially. Many can be dried and were allegedly exported. (That's fungi, not east europeans).

The most interesting thing for me is that in Scotland 'opinion' - often meaning an academic text, but sometimes a legal ratio from another jurisdiction - can be taken by a Judge to be law. Here it can have 'weight' during consideration, but it can't be a source of law...

 

[Dry Rot]

The most interesting thing for me is that in Scotland 'opinion' - often meaning an academic text, but sometimes a legal ratio from another jurisdiction - can be taken by a Judge to be law. Here it can have 'weight' during consideration, but it can't be a source of law...

I couldn't possibly comment!

 

[som farmer]

See below...


First, @Dry Rot is in Scotland, a separate jurisdiction and about the law of which I know only a little, and that is in re their Criminal law, my own field. Scotland's system, with its Civil leaning, has a mix of the codified, precedent, opinion and historic Common Law, beyond that I won't venture...

I don't think 'normal law' really means anything here in England and Wales, other than to whoever is saying it; so, being subjective, it certainly has no objective meaning. @som farmer we don't have Civil Law in this jurisdiction, not in the sense that is generally understood, such as in Scotland, France etc.. We do have Civil law, meaning that which is not - generally - relating to Criminal law; and both have indeed evolved, and been given rapid changes, over a long time.

What I think you are referring to, is correctly termed the Common Law, which stems from the oldest Courts we are aware of. It is, basically, customary law, it covers what are now more formally Civil and Criminal law, and more obscure types too.

The Common Law can't 'lapse', expire or what have you; it is valid indefinitely, on the basis of custom and past precedent. It can be superseded by either specific legislation or implied recession (technically) but, otherwise, something that was last used in, say, 1638, could still be used today.

Edit: just noticed the general topic of the thread... 'wild' stuff such as berries and mushrooms are fine to take here, trespass is the issue, but that is generally a Civil tort and someone would have to prove loss to make anything of it. The 'loss' of berries or mushrooms wouldn't be considered - obviously any grown commercially are a different matter.

could well be common, not civil, if so, stand corrected, it was described to us as civil, so presumed that was correct.

 

[Danllan]

could well be common, not civil, if so, stand corrected, it was described to us as civil, so presumed that was correct.

A lot of Common Law is Civil law, but it can't be Civil Law - hope that makes it clear.

 

[Princess Pooper]

2nd lot I found this year and still June!View attachment 1046035

Far too dry for that here!

 

[Av Gorritt]

All very interesting , but I'm afraid academic , we have none anyway !

 

[Exfarmer]

I always understood mushroom, blackberries and other wild fruit picking, came under the same umbrella as gleaning. If the landowner does not take it, then it is fair for others to take.