I was talking to one of the Finds Liaison Officers from the Portable
Antiquities scheme a while ago and she said that it was theft and that
taking a metal detector onto someone's land without permission was 'going
equipped for theft'. Any item has value surely, its just the amount which
would be in question. Couldn't the digging event also be seen as criminal
damage? I'd expect so in the case of a lawn.
Martin
-----Original Message-----
From: Brian Giggins [mailto:[log in to unmask]]
Sent: 31 March 2003 14:21
To: [log in to unmask]
Subject: Re: Trespass
Hello Kev and others,
I would think that this would be civil matter under the Law of Tort or
Trespass rather then a criminal matter unless a sheduled ancient monument is
involved. The digging 'event' could bring an action if it could be proved
that there has been a financial loss to the owner(In most instances this
would probably be negligible). The difficulty in bringing a theft case would
be proving that the artefact came from the site. If it is considered that
the perpetrator is planning to repeat the activity then consideration should
be given to obtain an injunction (costly) to stop this. If breached this
would result in 'contempt of court' and result in a fine or imprisonment
Brian Giggins
Milton Keynes
-----Original Message-----
From: Kev Beachus [mailto:[log in to unmask]]
Sent: 31 March 2003 11:18
To: [log in to unmask]
Subject: Trespass
G' Morning one and each.
To start the week an easy question.......If a person digs on land without
permision of the owner is any thing they find and remove theft?
All the best
Kev.
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