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Questions and Answers About the Treasure Act and Code of Practice.

Courtesy of The Searcher Magazine

A. Gold and silver coins or objects that are clearly less than 300 years old - unless there may be reason to believe they were deliberately hidden with the intention of recovery. When found, nine base metal coins unconnected with material designated treasure.

Q. Must all gold or silver coins or objects OVER three hundred years old be reported?

A. No. Any single coin found alone (except those substantially of gold or silver less than three hundred years old buried with the intent of recovery) irrespective of its age or type of metal content. It makes no difference if it's solid gold or solid silver if found alone and not in physical association (being or having been together with other coins or objects) it cannot be treasure and need not be reported to the coroner.

Q. What if I find a single gold or silver coin and then an object in the same place, or very near?

A. Irrespective of its physical composition, if an object has been made or worked and, when found, apparently being or having been physically associated or connected with a coin or object at least three hundred years old and containing at least ten per cent gold or silver by weight of metal that object becomes treasure and must be reported, with the coin or object containing precious metal, to the coroner of the district where found.

Q. How does one determine a content of ten per cent precious metal by weight?

A. With great difficulty. There are highly technical and expensive methods which can do so but it is unlikely a detectorist would have access to them, or wish to meet the cost of such. There is much recorded information on the precious metal content of gold and silver coinage when the precious metal content equalled the coin's market value. This does not apply to objects where one would have to seriously damage such to determine the precious metal content. The only help in this direction regarding coins is given at Appendix 4 "Coins with less than 10% gold or silver" of the Code of Practice; which is too lengthy to repeat here, but can be obtained from the Department of National Heritage, 2-4 Cockspur Street, London SW1Y 5DH.

Coins and objects plated in gold or silver will not qualify as treasure by themselves unless found in physical association with other material clearly treasure.

Q. Do tokens count as coins?

A. Yes, if it is made of any type of metal, is at least 300 years old and can reasonably be assumed to have been used or intended for use as money. However, jettons (also known as reckoning or casting counters) whether they be Nuremberg, French or English, such do not count as tokens used as money.

A. You do not need to report them.

A. A token, 300 years old and having been used as money is a coin under the Act and you have, therefore, a find of ten coins - which falls into the reportable category.

However, with finds consisting exclusively of coins, only the following categories will normally be regarded as treasure: a) hoards (deliberately hidden): b) groups such as purses which have been dropped or lost); c) votive deposits. Unintentional assemblages (collections) of coins brought together by actions of nature: rain, flood, landslip, etc. or by ploughing and other land management excavations will not be treasure. Similarly, all *individual* losses accumulated over a period of time, such as those lost on settlement or fair sites, and thereby inadvertently becoming an unintentional assemblage by the fact of being individually lost on the same site will not normally be regarded as treasure.

Q. Will 300 or more years of age when found be a clear cut off date for reporting?

A. According to the Act, the Secretary for National Heritage has the power to name additional classes of objects, at least 200 years old when found, as treasure. Similarly, he has the power to name a class of objects as NOT being treasure. There are no plans to use this power until the review of the Act: that will be carried out three years after the Act has been in effect.

A. Treasure Trove becomes simply treasure and the Treasure Trove Reviewing Committee becomes the Treasure Valuation Committee. Previously known Awards are now Rewards. If material is declared treasure and is seized by the Crown, a reward equal to its market value between a willing seller and a willing buyer, will be paid to the finder if he has not committed an offence in the finding of it. If it is declared treasure not retained (no museum willing to pay the reward) it is returned. If it is declared not treasure it is returned.

Q. Who owns found treasure? 

A. Whoever owned it at the time of it being left where it was found or, if it had been moved prior to being found, whoever owned it before it was moved - or, in both cases, the heirs of that person. If such an owner or his heirs cannot be determined the owner is a treasure trove franchisee - if a valid franchise exists. If there is no treasure trove franchise, or a previous franchise has been invalidated, the treasure belongs to the Crown. 

Q. Why can a franchisee claim treasure but the finder cannot? The Act is supposed to protect our heritage but it allows a franchisee an unrestricted claim to heritage treasure. 

A. The franchisees, among whom are the Duchy of Lancaster and the Duchy of Cornwall, various ecclesiastical bodies, cities, etc., hold legal (if not out of date or revoked) documents which grant them certain rights, including the regal right to claim treasure trove. Because there is a legal basis these rights have been included in the Treasure Act. Under the common law of treasure trove (which is not statute law) only material with a predominate percentage of gold or silver, hidden with the intent of later discovery could be declared trove and seized by the coroner for the Crown. 

Q. How does this affect grave goods and votive offerings where the owner has abandoned the material; therefore "finders keepers"? 

A. Under the common law of treasure trove grave goods and votive offerings (no intent of recovery) did not qualify as trove. Under the Treasure Act 1996 this is no longer the case and it makes no difference where the material is found or how and why it got there. All material designated "treasure" under the Act, unless the owner or his heirs are known, must be surrendered to the coroner of the district where found. 

Q. So, a franchisee's rights to gold and silver - under his treasure trove franchise means he can, under the Act, take just the gold and silver in a find? 

A. No. That was the case under his treasure trove franchise. However, the in toto inclusion of an earlier (limited) "treasure trove" franchise into the 1996 Treasure Act not only retains the earlier rights but also extends the franchise to include the wider definition of "treasure" under the Act; which term includes "connective" material - clay pots, base metal, etc.

 There have been no known cases where franchises, where franchisees, laying claim to treasure, have refused to pay a reward to the finder. Agreements to follow the COP have been obtained from the four franchise holders who regularly exercise their franchises that they will pay rewards to finders. This precedent will be a powerful argument against any other franchisee unwilling to pay a reward. 

Q. A reader asks, regarding searching and finding on a foreshore: 1. To whom would the treasure find belong? 2. Could any subsequent reward be expected by the finder? 3. Should one now apply for permission to search on Crown foreshores? 

A. The terms "finder" and "searcher" are not synonymous. The Code of Practice differentiates between chance finding and purposely searching for, irrespective of location (COP Page 24. II Para 75). Simply stated, you have automatic permission to use a Crown Estate foreshore but you do NOT have automatic permission to metal detect or otherwise search the foreshore without permission to do so. 

Treasure, found at foreshores (if not from wrecks), rivers and lakes fall within the meaning of the Act and, if the owner or his heirs are not known, and there is no franchise, it belongs to the Crown and must be reported to a coroner (COP Page 5 II Para. 10). 

The COP guidelines for payment for rewards are extensive and indigestible in its mass. They will be dissected and reported piecemeal here at later dates. To ensure both yourself and the landowner/tenant/authority are equally covered under the Act have a written agreement with them. 50%/50% shares are the recognised norm. 

Q. How can collectors prove, if challenged, that any items in their collections, types defined in the Treasure Act as "treasure", were acquired or found before 24th september 1997 - when the Act comes into force? 

A. Without any difficulty - by merely saying so. They do not have to prove the acquisition was before the Act came into force. The burden of proof to show it was acquired after 24th September 1997 and not reported rests with the Crown (COP Page 4 B. Para. 4). However it would be wise, after the start date of the Act, to ensure that any "treasure" acquisitions, from whatever source, are accompanied by a provenance; and, in the case of new finds, ensure that the coroner or his officer provides the finder with an acknowledgement of his reporting the find (COP II Page 12. Para. ii 36). 

A. Only if you have just won the lottery and are outstandingly fitter than most mortals; plus the magistrate being as idiotic as those who have suggested this would be the case. Seriously, the penalty refers to the failure to report the action of "finding" irrespective of how many or how few individual pieces in a find - subject to the precious metal content, age and minimum amounts counting as treasure stipulations within the Act.

A. The Act requires you to report it, before the end of the notice period (14 days from the day after the find or your realisation it is treasure according to the Act), to the coroner of the district in which you found it. Normally a police station will advise you how to contact the coroner or, more likely, the coroner's officer - who will need to obtain a report from you of the details. A list of coroners and how to contact them is contained within the Code of Practice. Irrespective of where or to whom you surrender it demand a dated receipt which describes the types and numbers of artefacts or coins surrendered.

A. The short answer is to continue reading these articles and addressing any particular points, regarding the requirements of the Act or the Code of Practice interpretations to this writer who will be happy to offer accurate and unbiased information. Otherwise one can apply to the Department of National Heritage (Tel. 0171 211 6000) for a copy of the Act and COP plus other appropriate publications.

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