Blackberry picking is a popular late-summer and autumn activity, but the Royal Horticultural Society (RHS) has advised foragers to think carefully before heading out. Some locations are best avoided, and there are legal restrictions to keep in mind.
Legal limits on picking wild blackberries
RHS principal horticultural advisor Leigh Hunt said: "Wild blackberries may generally be picked for personal consumption in England and Wales, but not for sale or another commercial purpose." He added that local rules may apply: "However, local by-laws or site rules may prohibit foraging in some parks, nature reserves, protected sites or other managed land, so always check signs and follow the land manager's instructions."
Selling wild blackberries could amount to theft under the Theft Act 1968, which states: "A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose."
Where to avoid and how to pick safely
Mr Hunt warned: "Avoid berries beside busy roads or where contamination or pesticide use is possible, and wash all fruit thoroughly before eating." He also advised: "Pick only fruit that can be reached safely without trampling vegetation, damaging the bramble or uprooting plants. Take a modest amount and leave plenty for wildlife and other foragers."
Regarding private land, Mr Hunt said: "The safest and most courteous approach is to ask the landowner’s permission, particularly where the fruit has clearly been cultivated or forms part of a private garden. Do not enter the land, damage the plant or obstruct the highway to reach the fruit. Where ownership or local rules are unclear, it is better to leave the fruit."
Expert view on public access
Luke Newnes, gardening expert at furnishings shop Hillarys, said: "My understanding is that if blackberry fruit is growing wild and is accessible from a public highway or public right of way, people can generally pick it for personal use. The law in England and Wales allows people to pick wild fruit, flowers, foliage and fungi for personal use, provided it's not for sale or another commercial purpose."
He cautioned against overreaching: "However, that doesn't give anyone the right to enter private land, climb fences or cause damage to access fruit. If the berries can be reached from a place where you're lawfully entitled to be, that's very different from crossing onto private property to collect them."
