Herefordshire Council, like many others, discourages metal detecting unless it is done as part of an organised programme of historical research. The removal of an object, unless undertaken by an expert, can cause the loss of valuable historical information.

Objects give us considerably more information about the past if they are recorded in a scientific way and only in the place where they were found, with the earth layers, or stratigraphy of their position fully recorded. It is often the stratigraphy that gives us the most historical information about an area.

Whilst it is often the case that metal detecting only removes objects from the plough soil, where the stratigraphy has already been damaged, recording the exact position of an object as exactly as possible is still of vital importance to the historic record. If the field is then walked in a systematic and comprehensive way and the location of objects recorded precisely it may be possible to map out settlement sites from the objects.

A metal detectorist can become part of a team of trained enthusiasts and join a field walking programme, where the area is walked in plotted transects and objects retrieved and recorded from these transects. The finds are later identified and and a report written. This type of research can provided valuable information about the history of the landscape around us.

If you are interested in researching the past and getting involved in archaeology then please telephone,or e-mail, the County Archaeologist Dr Keith Ray who will advise you on research beneficial to the Sites and Monument Record. Some of which may involve metal detecting.

IF YOU CHOOSE TO METAL DETECT…

If you choose to metal detect not as part of an organised project then please:

1. Record where you discovered a find as accurately as possible. Giving the date it was found and using a six, or more, figure grid reference. Ordnance Survey Maps tell you how to make a grid reference.
2. If you make an important find never dig down below the plough surface to retrieve the object. It should be recorded in situ.
3. Call the County Archaeology Service, either Keith Ray, Rebecca Roseff or Tim Hoverd who will help you record the object accurately.
4. Take your finds with the information on when and where you found them to the local museum for identification. The museum will not keep the objects. The person to contact at Herefordshire Museum is Judy Stevenson on Tel: 01432 260 692.

On the 24^th of September 1997, the Treasures Act of 1996 came into force in England and Wales. This was set up as a guideline for metal detectors and replaced the common law of Treasure Trove.

WHERE CAN I METAL DETECT?

Scheduled Ancient Monuments (SAM's).

It is an offence to metal detect on a SAM or on land within zones designated Areas of Archaeological Importance e.g. York, Chester and Hereford. Some local authorities also have byelaws prohibiting the use of metal detectors on their land. It is against the law of trespass to metal detect without the landowner’s permission.

Land under the Countryside Stewardship Scheme.

The Countryside Stewardship Scheme  is operated by the Department for Environment, Food, and Rural Affairs (Defra). it is a scheme whereby farmers and land managers enter into10 year land management agreements to achieve specific environmental objectives. In Countryside Stewardship agreements, 2 conditions specifically relate to the use of metal detectors.

1. On agreement land metal detecting is not permitted on sites of archaeological interest without the written consent of Defra and where certain sites are concerned, English Heritage.

2. The agreement holder is required to protect and maintain archaeological sites and other landscape features on the farm, including on land that is not under the land management agreement.

Private Land.

It is against the law of trespass to metal detect on private land without the owners permission. Any finds that you may make on private land without permission belong to the landowner and you may be prosecuted for trespass.

Public Land.

You must have permission of the owner or authority responsible for the land before you begin metal detecting.

WHAT IS TREASURE?

The Treasure Act has divided objects into 5 categories, which class them as treasure and therefore worthy of reporting:

Any metallic object, other than a coin, provided that at least 10% 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. Any group of two or more metallic objects of any composition of prehistoric date that come from the same find. All coins fromt he same find provided they are at leat 300 years old when found (but if the coins contain less than 10% of gold or silver there must be at least 10 of them). 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. 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 obkect or coin if it is found in the same place as, or had previously been together with, the other obbject. Finds may have become scattered since they were originally deposited in the ground.

WHAT OBJECTS DO NOT QUALIFY AS TREASURE?

The following tpes of find are not Treasure:

• Objects whose owners can be traced.
• Unworked or natural objects, includign human and animal remains, even if they are found in association with Treasure.
• Objects from the foreshore which are wreck.
• Single coins found on their own.
• Groups of coins lost one by one over a period of time.
  
  If in doubt, it is always safest to report your find. Your local Finds Liaison Officer will be glad to record all archaeological objects that you find.

REPORTING A FIND…

All finds must be reported to the Coroner within 14 days of the find, or within 14 dasy after the day which you realised the find was Treasure (for example, as a result of having it identified). The obligation to report finds applies to everyone, including archaeologists. Finds can be reported in person, by fax, telephone or letter, and you will always receive an acknowledgement and information on where to deposit your find. The Coroner for Herefordshire is D M Halpern, 36/37 Bridge Street, Hereford HR4 9DJ, Tel: 01432 355 301. The finds must then be normally taken to the local museum or archaeological body who will notify the Sites and Monuments Record Office so the site can be investigated.

If you fail to report a find that is Treasure without reasonable excuse you may be imprisoned for up to 3 months or receive a fine of up to £5000, or both.

WHERE WILL I HAVE TO TAKE MY FIND?

In each Coroner's district , there is a local agreement between the Coroner, the Finds Liaison Officer (FLO), local government archaeological officers (in Wales, the Regional Archaeological Trusts) and local or national museums, about where Treasure finds should be deposited. From Decmeber 2003, a national network of FLOs will have been established across the whole of England and Wlaes. The FLOs will then be the main point of contact for Treasure finds.

The FLO, museum or local government archaeological officer recieving the find will give you a receipt. They will need to know exactly where you made the find, (wherever possible to the equivalent of a 6-figure grid reference). However, in official dealings, a parish address or else a 4-figure national grid reference (one square kilometre) will be used, whilst a more general location description may be used for a particularly sensitive find. You and the landowner should keep the find-site location confidential.

The body or individual receiving the find will notify the Sites and Monuments Record as soon as possible (if that has not already happened), so that the site where the find was made can be investigated by archaeologists if necessary.

WHAT IF THE FIND IS IDENTIFIED AS TREASURE?

If the find is treasure the British Museum, or the National Museums & Galleries of Wales will be informed and they will decide if they, or any other musuem wishes to acquire it from the Crown.

If no museum wishes to acquire it the Secretary of State will disclaim it and the Coroner will notify the landowner that he intends to return it to the finder after 28 days. If there is an objection then the find will be retained until the dispute is settled.

WHAT IF THE FIND IS NOT IDENTIFIED AS TREASURE?

If the find is not Treasure, the museum curator or archaeological body will inform the Coroner who may then decide that the find should be returned to you without the holding of an inquest.

However, just because an object is not classed as Treasure does not mean that it isn't of importance to our understanding of the past. In 1997 the Portable Antiquities Scheme was set up to record and identify all non-Treasure finds made by members of the public during metal-detecting, walking, gardening or in the course of their everyday work. to read more about the portable Antiquities Scheme please click on the link at the bottom of this page.

If a museum wishes to acquire the find then the coroner will hold an inquest to decide if its treasure. The finder, occupier and landowner may question witnesses. If it is declared treasure then it is valued by the Treasure Valuation Committee, which consists of independent experts.

Any Treasure find, that a musuem wishes to acquire, is valued by the Treasure Valuation Committee which consists of independent experts. The Committee will commission a valuation from one or more experts drawn from the antiquities or coin trades. You, the landowner adn the acquiring musuem, will have the option to comment on this valuation, and/or to send in a separate valuation for the Committee to consider. The Committee will inspect the find and arrive at a valuation. If you are then dissatisfied with the Committee's valuation, you can ask for the Committee to review it, in the light of written evidence that you want the Committee to see. If you are still dissatisfied, you can then appeal to the Secretary of State.

WHO IS ELIGIBLE TO A SHARE OF THE VALUATION?

• The finder who has obtained permission to be on the land from its owner, and acted in good faith.
• The person or organisation which holds the freehold of the land.
• The person who occupies the particular site asa tenant of the owner.

WHO IS NOT ELIGIBLE TO A SHARE?

• An archaeologist who makes a Treasure find.
• A finder or landowner who has acted in bad faith, and not in accordance with the Code of Practice, may expect a reduced share of the valuation, or none at all.

Further information can be found in the Code of Practice on the Treasure Act. A copy of which can be obtained free from the Department of Culture, Media and Sport on 020 7211 6200 or enquiries@culture.gov.uk. This leaflet contains useful addresses as well as guidance and advice on the care of finds.

Finds that are not classified as Treasure are still important to the understanding of our past and since 1997 the Portable Antiquities Scheme has existed to record non-Treasure finds made by members of the public. To read more about the Portable Antiquities Scheme please click on the link below.

MG