Increasingly over the past few years, community groups and organisations across Scotland are experiencing dismay and anger over an assault on a valuable and much-loved community asset – the community orchard, or more specifically, the orchard fruit crop in the autumn.

Reports have been circulating across Social Media and in local orchard networks, that people have been picking the trees bare of their crops, regardless of whether the fruit is ripe. Community members have witnessed vans parked in or by orchards, with trays of fruit in the back, and the owner/occupants in the process of stripping the trees. In some instances, they have been asked not to pick all of the fruit, and to leave some for the rest of the community. Sadly, the requests were ignored, and the fruit disappears without anyone else getting a chance to bake even a fruit pie.

Community orchards are held dear by many communities. Volunteers give freely of their time for days, weeks, months, and even years to nurture the trees, and involve their community in celebratory events such as wassailing, blossom days, and apple days. To see the products of their hard work fall to only one or two people, is, understandably galling and disheartening.

Orchard Revival has been in touch with Police Scotland to make them aware that this issue has been, and is still live, and to ask advice should any communities experience this unwanted state of affairs.

Police Scotland also said that they will notify the Community Policing Teams across Scotland and if any community members report any of the above issues, these teams will log any incidents to determine whether there is an emerging pattern of criminal behaviour.

Underpinning the police’s advice, is the Land Reform (Scotland) Act 2003 (As enacted), and 2016, (As revised), which gives everyone a statutory right of responsible access to most land and inland water in Scotland. To quote the Scottish Outdoor Access Code – Public access to Scotland’s outdoors Your rights and responsibilities, “People only have these rights if they exercise them responsibly by respecting people’s privacy, safety and livelihoods, and Scotland’s environment. Equally, land managers have to manage their land and water responsibly in relation to access rights.” So, anyone can access the orchards and pick the fruit, as long as they behave responsibly.

To most community orchard managers, accessing the orchard and stripping the fruit in one fell swoop might not seem like responsible access, but those who are doing it, are not committing any offence….are they?!

There are certain circumstances where access rights do not apply (Bullet point 7, Part 2 – Access Rights of The Scottish Outdoor Access Code) and according to Police Scotland, some of these exceptions are ones to look out for. They are listed below, with the relevant police advice:

• “being on or crossing land for the purpose of doing anything which is an offence, such as theft, breach of the peace, nuisance, poaching, allowing a dog to worry livestock, dropping litter, polluting water or disturbing certain wild birds, animals and plants”.

Police advice: If the person/s picking the fruit become threatening, abusive, violent or intimidatory, then call the police.

• “any form of motorised recreation or passage (except by people with a disability using a vehicle or vessel adapted for their use)”

Police advice: Take the registration number of any vehicles and report it to 101, or Crimestoppers (0800 555 111, or Crimestoppers anonymously online)

• “anyone taking away anything from the land for a commercial purpose”.

Police advice: It might be difficult to prove, but report it if you have reason to suspect this might be happening.

Our thanks to Police Scotland for their advice.