Many years ago I saw this anonymous statement, which has a certain irony for the detectorist.

Most countries have treasure trove laws. These are simple. All belongs to the state, which may reward you or punish you, depending on who your friends are.

A reading of the 1996 Treasure Act, however, lays things out in fairly straightforward terms.

SUMMARY OF THE TREASURE ACT

The following finds are Treasure under the Act, if found after 24 September 1997 (or, in the case of category 2, if found after 1 January 2003):

1. Any metallic object, other than a coin, provided that at least 10 per cent by weight of metal is precious metal (that is, gold or silver) and that it is at least 300 years old when found. If the object is of prehistoric date it will be Treasure provided any part of it is precious metal.

2. Any group of two or more metallic objects of any composition of prehistoric date that come from the same find (see below).

3. All coins from the same find provided they are at least 300 years old when found (but if the coins contain less than 10 per cent of gold or silver there must be at least ten of them). Only the following groups of coins will normally be regarded as coming from the same find:

alt hoards that have been deliberately hidden

alt smaller groups of coins, such as the contents of purses, that may have been dropped or lost

alt ritual deposits.

4. Any object, whatever it is made of, that is found in the same place as, or had previously been together with, another object that is Treasure.

5. Any object that would previously have been treasure trove, but does not fall within the specific categories given above. Only objects that are less than 300 years old, that are made substantially of gold or silver, that have been deliberately hidden with the intention of recovery and whose owners or heirs are unknown will come into this category.

Note:

An object or coin is part of the ‘same find’ as another object or coin if it is found in the same place as, or had previously been together with, the other object. Finds may have become scattered since they were originally deposited in the ground.

Reporting Finds

You must report all finds of Treasure to a coroner for the district in which they are found, either within fourteen days after the day on which you made the discovery or within fourteen days after the day on which you realized the find might be treasure. Details of your local coroner may be found in a telephone directory or online.

Portable Antiquities Scheme

At the same time that the new Treasure Act came into force (March 1996), the Portable Antiquities Scheme was created to record all small finds or portable antiquities under direction of the Department of Portable Antiquities and Treasure at the British Museum. Access to the scheme is via the Finds Liaison Officer for your area, who is usually located in the County Museum.

THE NATIONAL COUNCIL FOR METAL DETECTING CODE OF CONDUCT

  1. Do not trespass. Obtain permission before venturing onto any land.
  2. Respect the Country Code. Do not leave gates open and do not damage crops or frighten animals.
  3. Wherever the site, do not leave a mess or an unsafe surface for those who may follow. It is perfectly simple to extract a coin or other small object buried a few inches below the ground without digging a great hole. Use a suitable digging implement to cut a neat flap (do not remove the plug of earth entirely from the ground). Extract the object, reinstate the grass, sand or soil carefully and even you will have difficulty in locating the find spot again.
  4. If you discover any live ammunition or any lethal object, such as an unexploded bomb or mine, do not disturb it. Mark the site carefully and report the find to the local police and landowner.
  5. Help keep Britain tidy. Safely dispose of refuse you come across.
  6. Report all unusual historical finds to the landowner and acquaint yourself with current NCMD policy relating to the Voluntary Reporting of Portable Antiquities.
  7. Remember it is illegal for anyone to use a metal detector on a protected area (e.g. scheduled archaeological site, SSSI, or Ministry of Defence property) without permission from the appropriate authority.
  8. Acquaint yourself with the definitions of Treasure contained in the Treasure Act 1996 and its associated Code of Practice, making sure you understand your responsibilities.
  9. Remember that when you are out with your metal detector you are an ambassador for our hobby. Do nothing that might give it a bad name.
  10. Never miss an opportunity to explain your hobby to anyone who asks about it.

The Portable Antiquities Scheme is a voluntary scheme to record archeological items found by members of the public in England and Wales. Every year many thousands of objects are discovered, many by metal-detector users, but also by people walking, gardening or going about their daily work. At the time of writing some 200,000 items found by detectorists had been recorded via the scheme. Such discoveries offer an important source for understanding our past.

The British Museum website is a valuable source of information on all aspects of the Treasure Act and The Portable Antiquities Scheme (see www.britishmuseum.org/the_museum/departments/portable_antiquities_treasure.aspx). It is all explained in plain English with many onward references.

CIVIL, CRIMINAL AND COMMON SENSE LAW

Law in this sense is not only that which is enforced by the courts, but also the due consideration for others that we should all obey.

Civil Law

I cannot imagine that any detectorist would willingly become involved with any aspect of civil law. Questions of ownership concerning finds are best settled amiably as the financial costs of going to a civil court are prohibitive. Always be very careful if you find yourself coming up against local authorities. They can spend a lot of money on their rights, since it’s not their money. It is far better to turn away and live to fight another day.

(English)

If you have lost a metal item on the beach in the last few days please ask, as it is possible I may have found it, or can try to find it.

(Spanish)

Si usted ha perdido algún artículo en la playa recientemente, por favor aviseme. Pues es posible que lo haya encontrado. Puedo intentar encontrarlo, si usted quiere.

This text is displayed in our motorhome windscreen, as part of taking 'reasonable steps' to find the owner.

Criminal Law

It is easy to fall foul of the criminal law if you act with ignorance or stupidity. The act of going onto someone’s land without permission and carrying a detector is seen in law as ‘going equipped to steal’. Heavy penalties can be imposed, so don’t do it.

A further offence is that of ‘stealing by finding’. If you find any modern items you must take reasonable steps to find the owner. If you find a gold ring, for example, hand it in to the police; if the item is not claimed within a period of time (typically three months), it will then be returned to you. Under British law you do not become the owner, but you do have ‘title’ to the item, which is nearly the same. Isn’t the law clear?

Another ‘reasonable step’ you could take to comply with the law is to advertise your finds (for examples of the sign I use in English, French and Spanish, see left). The local Policia Civil in Spain has always been complimentary about the results and I have been able to return many items, including apartment keys, car keys, prescription glasses and jewellery. Perhaps the strangest object I have been asked to search for is the set of false teeth that a Spanish man lost in the surf. After searching for several hours I still didn’t find them, but it does make a good after-dinner story.

Common Sense Law

This covers any codes of practice that involve consideration for others. Always follow the advice given in the Countryside Code and the Coast Watch Code. Recommendations for best practice within the hobby are also available from the Federation of Independent Detectorists (FID) and the National Council for Metal Detecting (NCMD).