Finders Keepers? A Brief Guide to Treasure

Metal detectorists and other treasure hunters might dream about that one big find that will set them up for life, but what happens if they do stumble across a potentially valuable artefact?

Today, to coincide with Channel 5's new drama mini series "Finders Keepers", I explore the legalities of finding treasure (in England and Wales).

The relevant legislation is the Treasure Act 1996, which I shall refer to throughout this article.

I should begin by saying that no-one should be metal detecting or otherwise hunting for treasure unless they have permission from the relevant landowner. Similarly, they should not be removing any item found unless they have permission from the relevant landowner. It is a criminal offence to go metal detecting on any ancient monument in England or Wales, unless prior permission has been obtained from either Historic England or Cadw as appropriate.

Definition of treasure

Section 1 of the Act defines treasure in fairly broad terms. It includes:

• Any object, aged at least 300 years' old, that is not a coin and has at least 10 percent of its weight as precious metal (further defined as gold or silver);
• Any coin, aged at least 300 years' old, that is found with at least one other coin and has at least 10 percent of its weight as precious metal;
• Any coin, aged at least 300 years' old, that is found with at least nine other coins;
• Any object that would have been considered treasure trove prior to the commencement of section 4 of the Act;
• Any object, aged at least 200 years' old, that has been specifically designated as treasure by Ministerial Order.

Treasure does not include any unworked natural object or minerals as extracted from a natural deposit.

Ownership of treasure

Section 4 of the Act states that, subject to prior interests and rights, treasure belongs to either the Crown or the relevant franchisee of the Crown.

A franchisee is a body that has been granted rights to treasure trove by Monarchs of the past. The Duchies of Lancaster and Cornwall are two such bodies, as are the Cities of London and Bristol. These bodies, rather than the Crown, have rights to any treasure found within their geographic boundaries.

Duty to report treasure finds

Section 8 of the Act requires that any person finding treasure notifies the relevant coroner of the fact:

• Within 14 days of the date of the find; or
• If later, within 14 days of the date on which they first believed or had reason to believe the object was treasure.

Failure to notify the coroner is an offence, the maximum penalty for which is 3 months' custody and/or an unlimited fine on summary conviction.

Rewards

Section 10 of the Act states that if treasure is to be transferred to a museum, the Secretary of State must determine whether or not a reward is to be paid.

If a reward is to be paid, the Secretary of State is to determine the treasure's market value; the amount of the reward; and to whom the reward is payable.

The reward may be payable to the finder; the owner of the land; or any person who had an interest in the land at the time of the find, or at any time since then.

Payment of a reward is not enforceable against either the museum or Secretary of State. In other words, if they choose not to pay a reward then it's just tough luck.