Gethin is a solicitor-advocate for Duncan Lewis Solicitors, regularly appearing in Magistrates Courts across the country as an advocate as well as litigating more serious matters.
He has dealt with a number of theft by finding cases and finds the most interesting feature of this area of the law is the public misconception of what the law is regarding this. It is an area of law where people find themselves before the Courts based on a misunderstanding as to what the law actually states.
He was invited to take part in a theft by finding surgery on ABN Radio. This arose from a call-in show where a number of listeners expressed shock and surprise at the recent press story where an individual received a criminal record for picking a twenty pound note from the floor.
The surgery took the format of a discussion show between Gethin and the present Naas. Naas posed a number of area of discussion regarding the law in relation to theft by finding. Theft by finding is a short had phrase to describe an offence where someone finds something and treats it as if it is their own. The surgery sought to dispel the myth of the phrase “finders keepers” and remind people of their obligations if they do find cash or anything else. There are virtually no circumstances under English law where the finder is allowed to keep what they come across.
Various cases were discussed such as what happened to the couple who discovered a winning lottery ticket found themselves on the verge of being sent to prison and the case of the gentleman who handed in a significant quantity of cash to the police only to find the police forfeit the cash as being the proceeds of crime. Also discussed was the law in relation to ‘treasure’ and what legally qualifies as abandonment.
To listen to the full interview please see below.