Lawyer explains rules for picking blackberries without breaking the law

It's a staple of late British summertime and autumn but picking blackberries could actually create a legal headache if you fall foul of the law, according to a leading firm of solicitors.

Law firm Stephen Rimmer LLP has explained that there are certain legal rules you need to follow when picking blackberries, and it's not as simple as just loading up a load of free fruit into a tupperware tub and going home.

Blackberries are a common sign in August and September, growing on the side of roads, along the edge of fields, forests and parks and other green spaces.

Taking the family out for a session of blackberry picking, then turning them into blackberry pie or throwing them into an apple crumble, or just eating them raw, is an age old tradition.

But Stephen Rimmer LLP says there are laws on foraging, including blackberries, mushrooms and other wild crops, that you need to be aware of before you go picking.

It explains: "Nobody is going to get too upset over you picking a pound or two of blackberries from a hedgerow, as long as you don't damage it in the process. Bear in mind that some hedgerows, particularly those that are very old or have rare species of plants living in them, are protected and should therefore be left well alone.

"It often seems to be the case that the tastiest treats, like gourmet mushrooms, are in the most inaccessible spots, and often on private land. While the Right to Roam' gives the public a certain amount of freedom when it comes to accessing footpaths and trails across private land, that does not give you the right to go off-track' and start trespassing on private land in search of truffles.

"It also depends on just how much foraging' you're intending to do. The Theft Act 1978 means that it's against the law to dig up or damage any plant you find on private land for commercial purposes, without the full permission of the landowner. So, if you're planning to open an exclusive restaurant and want to dig up truffles or fungi for your own wild ingredients, you better make sure you have permission first.

"The Wildlife and Countryside Act 1981 and the Nature Conservation (Scotland) Act 2004 makes it illegal to forage for wild plants on SSSI or National Nature Reserve sites. This is because these areas are very delicate and protected to ensure rare species survive without having their habitat damaged. If you are in a reserve, keep your foraging bags in your pockets and leave the berries for the birds."