As soon as I realised I'd lost it, I emailed my sister and she rang it. The phone was answered, and the person on the other end said they'd return it to the supermarket they'd found it in(IOW where I dropped it) the next day. He said he hadn't contacted anyone because he couldn't find a contact labelled 'home', although I do have an ICE number. That was on Thursday, and it still hadn't been returned this afternoon(Sunday).I'm thinking it may not be. Details were not exchanged, as it was very late at night, so I have no idea who this person is. I've had the phone blocked(It's on contract), so I can't ring it up and hope for an answer.
If the person who answered it never intended to return my property, is it theft? Does 'finders-keepers' apply within the law, and for property that can be easily traced to its owner?
I can see it wouldn't be if it was cash or something unidentifiable, but as a phone has its owner's ID stamped all over it, are the rules different?
I'm in the UK, FYI.
2007-04-22 04:43:26 · 29 answers · asked by blue_teen_queen 4 in Politics & Government ➔ Law Enforcement & Police
Will the IMEI be on the box the phone came in, or did I need to find it on the handset? Because I didn't, like a fool.
2007-04-22 04:58:36 · update #1
And for those who think I brought it on myself, I still don't know how it got out of my jeans pocket in the first place. They're pretty deep - that's why I at first assumed that I must have left it in the car!
2007-04-22 10:26:48 · update #2
Right DEFINETIVE ANSWER
Theft as defined by the theft act
to dishnoetly appropriate property belonging to another with the intention to permanently deprive of that other of it.
THERE IS NO FINDERS KEEPERS IN BRITISH LAW
there is theft by finding!!1 so the moment that person intends to keep the property they commit the full act of theft.
As for imei there will be the imei number on the box.
however getting the phone back is unlikely, my advise is learn from it and move on.
2007-04-22 10:15:50 · answer #1 · answered by the mofo 4 · 1⤊ 0⤋
As most people are saying, it is classed as theft.
Theft by finding would be the correct offence.
Basically, if you find something, believing it to actually belong to someone then you must take reasonable steps to locate the owner. What's reasonable however is really down to opinion. It can be as simple as putting an advert in your local paper saying 'found, mobile phone...etc etc'.
In this case it appears the finder has technically stolen it. However, as with all theft, you have to be able to prove that the person intends to permanently deprive you of it. I.E Never intend for you to get it back (sell it, throw it away etc). If you can't prove permanent deprivation then you can't prove theft.
Theft by finding however doesn't apply to things found in a refuse tip as the owner has relinquished all ownership of the item by throwing it away. (Just for info)
And yes, the IMEI is on the box of the phone or you can find in with any handset by pressing the following keys:
*#06# (star, hash, 0, 6, hash)
2007-04-22 08:11:38 · answer #2 · answered by Ian UK 6 · 0⤊ 0⤋
Perhaps the finder only visits the supermarket once a week - that's not unreasonable. Theft involves the intention to permanently deprive the owner of the goods, which is why, amongst other things, they had to introduce the "twoc" law to cover joy-riding where the tea-leaves don't keep the car permanently.
You do need to allow them a reasonable chance to return the phone, though you've done the right thing in blocking it.
2007-04-23 04:39:27 · answer #3 · answered by champer 7 · 0⤊ 0⤋
Theft by finding is an offence in the UK. The fact that someone has answered and has failed to return it means you should report it to the police. Also a good idea to get it blocked via the IMEI asap, as you are still liable for any calls that are being made.
2007-04-22 09:36:16 · answer #4 · answered by badshotcop 3 · 0⤊ 0⤋
It doesn't matter how you obtain something to commit theft.If at anytime you decide not to return it then you 'dishonestly appropriate it' which means under the theft act you have stolen it .You also have to prove that there is an intention of permanently depriving the owner of the property and if this person was traced now they could say true or not that they just ha vent got round to returning it.
2007-04-22 19:35:11 · answer #5 · answered by frankturk50 6 · 0⤊ 0⤋
It is still classed as theft in the UK. However, did the person not say when he would be next visiting the supermarket where you lost it - perhaps he just has not gone back there yet. Also he may have handed it in to the local police station.
Hope you are lucky with having it returned.
2007-04-22 04:57:56 · answer #6 · answered by deep in thought 4 · 0⤊ 0⤋
From the scenario you have given in your question, it is theft but my country called it larceny because we are still using the larceny act of 1916. Precisely, it is larcey findind which is defined as "picking up something from the ground or any place, any property of value, without making any move to locate the owner and thus convert such property to you own use and benefit." The law went on to say that, when you cannot locate the owner by yourself, take it to the nearest police station to be registered as found property in which a receipt will be issued to you for same. In your scenario, you called the number and the person responded but later locked the phone to prevent you from accessing it, this means that he/she has the criminal intent to deprive you permanently thereof. To stop him from using it again, if you have your receipt of purchase(invoice), take it to the mobile network company you were using, they will block it for you using it serial number and thus useless to the present user. According to the laws of my country and Britain were we adopted our laws, it is a criminal offence and punishable for a maximum of five years imprisonment. Do the above and contribute to figh crime.
2007-04-22 22:49:40 · answer #7 · answered by Joseph Abu Bakarr S 1 · 0⤊ 0⤋
Hi, i work for a mobile phones retailer - you need to report it to get the IMEI blocked, which you have done, this means that this person can never use your phone again. If you have insurance on the handset you need to contact the police (tell them you lost it last night as you only get 24hrs to report it lost or stolen as part of insurance T&Cs) if it is insured, you won't be covered for neglect (alothough you are covered for loss on some policies) so to be safe i would say report it as stolen, just say that you had it at one moment and it was gone the next and say that you did phone etc and you haven't had the phone returned to you. your network should send you another sim card. if you need anymore help feel free to im me seven_deadly_sins317 or go to your networks store.
2007-04-22 04:51:13 · answer #8 · answered by Dante 3 · 0⤊ 0⤋
Stealing by finding is still an offence in the UK... proving it is quite another thing though... sadly. Especially since the police seldom bother to chase up on petty theft.
If you'd found a million quid... and kept it... bet your life they'd arrest you for it though!
2007-04-22 04:48:27 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It's known as "theft by finding" if there is no intention to return the item.
I have a friend who was prosecuted for "theft by finding" several years ago.
Yes imei is on the box.
2007-04-22 04:46:44 · answer #10 · answered by Stu pid 5 · 0⤊ 0⤋