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Metal Detecting and Archaeology

Britain's landscape is full of archaeological sites. But most of them are not obvious. Evidence of the past may include objects in the ploughsoil, or buried features like in filled ditches and pits, or even structural remains such as walls, floors, or wells. This is our common inheritance: a unique resource for the study and understanding of our history.

All archaeological discoveries have the potential to contribute new information. But if no one reports new discoveries, they cannot be recorded for the public benefit. All information from metal detector finds should be entered onto the the County Sites and Monuments Record (SMR), held by the County Historic Environment and Archaeology Service, or the City of Worcester SMR for finds within Worcester District. This information then:-  

• enables future research;
• enables important sites to be protected. The SMR is the primary database used to provide advice for developers and local authorities as to whether a site has important archaeology that should be taken into account in planning a new development.

Success and Failure in reporting finds

6th century brooch found 'in the Evesham area'. This is potentially an important find suggesting the presence of a lost Anglo-Saxon cemetery. But without more precise details the site remains at risk from building development. Important information as to the spread of Anglo-Saxon settlement into Worcestershire has also been lost.

A hoard of Iron Age coins was found by detectors in South Worcestershire and was promptly reported. As a result, one of the few scientific excavations of a hoard was undertaken. This lead to the unsuspected conclusion that these 1st century coins had actually been hidden in the flue of a 3rd century oven. The find therefore moved from simply being a collection of coins to providing a fascinating story in the development of Worcestershire.

The value of an archaeological find is negligible until it is reported to the SMR!

What does the law say?

If you wish to metal-detect on land which is not your own, you must get permission from the landowner before you do so. If you metal-detect on land without consent, you may be charged with a criminal offence and you could be sued for damages.
Some archaeological sites are protected by law. These are called Scheduled Ancient Monuments, and it is an offence to use a metal-detector on these sites without the written agreement of the Secretary of State. It is a separate offence to remove any archaeological object from a scheduled site by the use of a metal-detector.
A number of local authorities in Worcestershire have specific policies restricting the use of metal-detectors on their land. You are therefore advised to contact the County Council and relevant District Councils.
Some types of find are classed as 'treasure' and there are legal requirements to report them (see below).

Treasure

The Treasure Act 1996 replaced Treasure Trove legislation and extended the protection of law to a wider range of finds. Treasure is now defined as:-

• All hoards of gold or silver coins at least 300 years old (a hoard is defined as two or more coins found in close proximity)
• All hoards of other coins with a precious metal content of less than 10% and at least 300 years old (a hoard is defined as ten or more coins found in close proximity).
• Objects at least 300 years old with a minimum precious metal content of 10%.
• Objects found in archaeological association with treasure.
• Prehistoric base metal assemblages found after 1st January 2003

The Archaeological Service or a local museum can help you establish whether the items you have found are treasure, as defined above. If they are, under the Act you are responsible for reporting them to the District Coroner within 14 days. This can be done by letter, telephone or fax.

You will then normally be asked to take your find to a local museum or to the County Archaeological Service. You will be given a receipt. The County SMR will be notified, although the find will be regarded as confidential until the issue of 'treasure' is resolved or in cases where site security or other issues are considered important.

If the object is not identified as 'treasure' the museum or County Archaeological Service will inform the coroner, who may then decide to give directions that the find should be returned without holding an inquest. If the find is believed to be 'treasure' they will inform the British Museum. This will decide whether they, or any other museum may wish to acquire it. If so, an inquest will be held and the find valued to ensure that the finder receives a fair price. If no museum wishes to acquire the find it will be returned to the owner.

Failure to follow the terms of the Treasure Act 1996 may be punishable by fine, imprisonment or both.

• A voluntary reporting scheme has also been established to ensure that other items of archaeological interest that are not treasure are recorded. These can be reported to the County Archaeological Service or your local museum.

Where can I find out about these restrictions?

A landowner should warn you of the existence and location of Scheduled Ancient Monuments on his/her land. To be on the safe side, contact English Heritage (which is responsible for advising the Secretary of State for National Heritage on scheduling). The County Archaeological Service also holds a copy of the list of Scheduled Ancient Monuments.

Please bear in mind that archaeologists have to react guardedly to enquiries about the location of sites, particularly in areas where there is a problem of looting. You may like to consider offering a reference.

In any case, it is advisable to keep well away from scheduled monuments, not only to stay within the law, but to avoid archaeological remains which may extend beyond the legally protected area.

Agreement with landowner

All other finds except for 'Treasure' are the property of the landowner, not the finder. You are therefore advised to enter into a written agreement with a landowner before detecting on his/her land. The National Farmers' Union have drawn up standard agreements.

These restrictions apart, is it safe for me to metal-detect anywhere else?

Yes, provided you have permission from landowner and any tenant - and are responsible.

What do you mean by 'responsible '?

To be responsible is to:

• keep off Scheduled Ancient Monuments
• always ask permission

• only detect in already-disturbed ground (e.g. ploughsoil)
• seek professional help if you discover something large, unusual or below the ploughsoil.
• record the find spot in as much detail as possible (the Historic Environment and Archaeology Service will be able to advise on this)
• report your finds immediately to the landowner and to the SMR via your local museum or directly to the County Archaeological Service
• report gold and silver finds to the Coroner

Digging for objects which you have located can destroy archaeological evidence. It can be vital to establish exactly where a find was made in relation to the surrounding soil (its context). The actual find tells only part of the story of its history. Do not assume that all archaeological deposits are deeply buried and therefore 'safe'. In many parts of the county, topsoils are thin, and archaeological remains may be close to the surface. This can also be the case on unploughed pasture

OK, but if I limit my searching to ploughsoil and do not penetrate below that, am l being responsible?

Provided that you record the position of your finds, and report them promptly to the County Sites and Monuments Record, via your local museum or County Archaeological Service.

Why are recording and reporting important?

Even objects apparently adrift in ploughsoil have an historic setting. Some items will be genuine losses and could appear anywhere, but many will come from archaeological sites (e.g. settlements, cemeteries, buildings), remains of which may survive under the ploughsoil or nearby. The plotting of finds can produce patterns which are of historical significance. The reporting of even a single find can add to existing knowledge. If you suspect that an object is undisturbed in its primary context (e.g. in a container, or below the ploughsoil) leave it where it is and call for archaeological assistance.

Cleaning Fluids

It is best not to attempt to clean any find you discover, but rather take it to a museum for professional advice. The original surface can yield important information about the objects manufacture or use - a socket may contain traces of wood or leather.

What should I do if the landowner insists that finds should not be reported

The landowner is within his rights - unless the finds are of gold or silver, in which case you have no choice. However, our advice would be not to detect at all in any circumstances where information about finds is likely to be withheld. Similarly, we advise landowners not to grant permission for metal detecting unless the finders agree to report all finds to the SMR.

Can Archaeologists seize finds ?

No! Museums and archaeological bodies do not have the power to confiscate finds. Our principal concern is to record their occurrence and thereby widen an understanding of our common heritage for the benefit of future generations. All information received is treated in confidence.

What is the view of the County Archaeological Service on metal-detecting?

If the motive behind detecting for archaeological finds is simply a desire to search for treasure or for personal gain, we think this is socially irresponsible. However,metal-detectorists who act responsibly and observe the disciplines of archaeology are welcome as companions and partners in the study of our past - and its promotion for the benefits of the community If you think that fits you, why not join your local archaeological society? Details of local societies are obtainable from the County Archaeological Service

Non-Metal Finds

A broken piece of plain pottery can be just as interesting and important as a brooch in pristine condition.  If you are out detecting, please also record and report any finds of other material.