BLOG: Andrew Whalley discusses "finders keepers" after the case of Amanda Stacey

The couple, from Swindon, were recently given an 11 month suspended sentence after cashing in a lottery ticket worth £30,000, which they had found on the floor of a local supermarket.

Although they had spent half of the money, police were able to charge them with theft and dishonesty and froze the remainder of the winnings after the ticket's owner, Dorothy McDonagh, was able to prove that the ticket belonged to her.

In their defence, the Stacey's claimed they didn't believe they were acting unlawfully, putting the find down to good luck. This had little sway with the Judge and they were ordered to repay the £15,000 plus £111 interest.

Some may argue that the punishment was too harsh, but finding something does not automatically make you the owner.

You are only guilty of theft if you take something which is the property of another - if someone abandons an item, perhaps a piece of litter, and you pick it up this would not qualify as theft.

However, if you find an item in the street without seeing it abandoned or thrown away, there are necessary actions you need to take before you can take legal possession.

In the first instance, you would need to try and find the owner by taking reasonable steps. This usually starts with you notifying the police. If the original owner does not come forward within a determined time limit you will then be able to take ownership of the item.

Finders keepers does have some application in law but not the way most people think as you'll have had to take all reasonable steps first to find the original owner. The Stacey's learned this legal lesson the hard way.

* Andrew Whalley works at DLA Piper