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David Jacobs
Handicap: 21
Essex
Pro Member
Joined: Apr 2010
Posts: 43
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A playing partner hit his drive into a greenside bunker on a shortish par 4 while the game in front were putting out.
When leaving the green, for whatever reason, one of them had seen the ball in the bunker and picked it up thinking he had found a lost ball.
Should the ball be dropped or placed in a position no nearer the hole or what happens
Thanks
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Judy Lilley
Handicap: 20
Kent
Pro Member
Joined: Mar 2008
Posts: 244
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Place another ball in the bunker approximately where you thought it had landed and carry on. Was it a friendly?
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Steve 'The Powe...
Handicap: 21
Essex
Pro Member
Joined: Oct 2008
Posts: 288
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The fairest resolution is to place the ball where you all agree it was in the bunker... then play on without penalty...
A liberal interpretation of Rule 18 (from my Golfer's Pocket Reference) suggests that it is always a golfer's priviledge, without penalty, to:
- Replace your ball if it is moved by an outside agency....
Here's a thought though - at some golf courses there may be a regulation that states all balls found on this golf course become the property of the Golf Club... So is it a criminal offence 'theft by finding' to pick up and keep a golf ball that does not belong to you??
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Steve Rawlinson
Handicap: 36
North London
Joined: Oct 2013
Posts: 91
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Picking up a golfball is not theft. Theft requires that your possession of the ball "permanently deprives [the owner] of it". Since the owner is already deprived of it your possession of it is not theft.
Golf clubs are not entitled as of right to transfer legal possession of a chattel in their "regulations". That would require the agreement of the original owner.
It would be possible for a club to require a player on their course to agree to terms and conditions that stated that (for example) any golf ball left on the course becomes the property of the club but I have never heard of any club requiring agreement to Ts & Cs.
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Roger Ireland
Handicap: 9
Essex
Pro Member
Joined: Dec 2008
Posts: 68
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yes there has been a court case about this, but it was about someone removing balls from a lake, the court ruled that as the ball was lost, they then became the property of the golf club I would not think picking up a ball would be the same but then again who knows
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Steve Rawlinson
Handicap: 36
North London
Joined: Oct 2013
Posts: 91
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That's not quite the whole story. The bloke who was convicted was found by police in the small hours of the morning wearing diving gear in the car park of a golf course with 500 wet balls in two bags. The police had responded to an automatic alarm that he had set off.
The judge stated that dishonest intent was proven because he was not entitled to be on the course and he relied on the evidence of the club pro who, the judge said, had been in the job 30 years and therefore probably "knew the rules."
The same club pro stated in evidence that golfers who take balls they find are not guilty of theft because they are entitled to be on the course.
That whole case was ridiculous. The question of whether you are entitled to be somewhere has absolutely no bearing on whether a theft has taken place and a 30 year career as a golf pro does not make you an expert on interpretation of legislation. The judge basically said "You're obviously a bit fishy what with skulking about at night on golf courses, you'll serve 6 months whether I can find a legal basis for that sentence or not." There's no doubt he was trespassing.
The custodial sentence was defeated on appeal.
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Roger Ireland
Handicap: 9
Essex
Pro Member
Joined: Dec 2008
Posts: 68
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yes, on the hole, sounds like a load of old balls!!!!
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TSG
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