// News
UK Treasure Trove Act Changes
January 12, 2010
An amendment to the legal framework in the UK concerning finds which are classed as ‘treasure’ was passed on 12th November 2009. For the purposes of the law, ‘treasure’ means an object or group of objects more than 300 years old with more than 10 per cent gold or silver. There has for a long time been a legal duty to report finds of treasure to the authorities; a coroner will then conduct an inquest to determine wther the treasure was lost (and thus the property of the crown) or hidden with a view to recovery, in which case the coroner must try to trace the owner or any surviving legal heirs (and should non be found the treasure reverts to the crown).
The new law, incorporated in the ‘Coroners and Justice Bill 2009′, makes it the legal duty of the possessor of any item which is or might be treasure to report it within 14 days of acquiring it or becoming aware that it might be treasure. Previously the onus was on the finder of any such item, but now the duty of reporting (disclosure) rests with the person in possession of the item. This will obviously have implications for dealers who hold stocks of coins and antiquities with significant gold or silver content. The act applies to England and Wales, but the Scottish position is slightly different due to the automatic duty to dislose which already exists in that country.
The only defence in law appears to be (i) to demonstrate that the item is not treasure or (ii) to establish that the item has already been reported when acquired. Ignorance of the law is not a workable legal defence!
The act does allow for a defence that the defendant may have a reasonable excuse for failing to notify; until this is tested in court, there is no means of knowing what will qualify as a reasonable excuse.
The punishment for being found guilty of not reporting extends to up to 51 weeks’ imprisonment and / or a fine of up to GBP 5000.
While reporting of finds of antiquities (whether treasure or not) is a laudable aim, it seems likely that this change in the law will potentially capture many people who find objects while gardening, walking the dog, making sandcastles on the beach and so on. The case law established here will be interesting!
The Staffordshire Hoard
October 14, 2009
The discovery of a hoard of gold and silver in a field near Lichfield in September 2009 made headlines all around the world. Some reportage took the view that the find would re-write English history by showing that the country was rather wealthy in the Early Anglo-Saxon period (circa 400-650 AD). Other journalists expressed the finder’s surprise and joy at making a metal-detecting find which would surpass all others in monetary value. (more…)
Nighthawking at Rendlesham
October 14, 2009
‘Nighthawking’ is the illegal metal-detecting of sites and theft of finds, usually conducted under cover of darkness.
It is not only illegal, since it usually involves trespass, criminal damage and theft, but also highly destructive on sites which are of great importance to our understanding of the past. Until a site is ’scheduled’ (officially recognized as of national importance, and designated as such) there are no penalties for removing material with the landowner’s permission. But many important sites are unrecognized – precisely because the thieves are looting them covertly and want to keep the locations secret. (more…)
X-Rays Join the Fight Against Fakes
October 14, 2009
X-Rays Join the Fight Against Fakes from Coin News xxx month 2009
One of the major problems for any dealer in manufactured items is getting the description right – whether the objects are expensive watches, motor vehicle parts or designer-label garments at ridiculously low prices. A stroll through any street market will provide plenty of evidence for ‘fake’ or misleadingly described goods. Not everything is what it appears to be, and the old Roman tag of ‘caveat emptor’ (let the buyer beware) has never been more apt. (more…)
Museums’ Acquisition Policy
October 14, 2009
As publicly-funded bodies whose directors are accountable to central governments, European museums have to be especially careful when offering to purchase any items. In the litigious world of today, museums are often the target of groups who try to make political capital out of the fact that ancient artefacts and human remains from a variety of cultures are housed in these buildings for public display. (more…)
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