Nighthawking is the theft of archaeological artifacts from
protected archaeological sites and areas under the cover of darkness, most commonly by members of the public with the use of a commercial
metal detector
A metal detector is an instrument that detects the nearby presence of metal. Metal detectors are useful for finding metal objects on the surface, underground, and under water. The unit itself, consist of a control box, and an adjustable shaft, ...
.
Nighthawking and the law
Nighthawking breaks the law on a number of points:
#
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...
: Nighthawking is often performed on private land where permission to survey and dig has not been given or has been refused. Any
disturbance with the land or dispersal of any substance makes it aggravated trespass which is more routinely prosecuted.
#Digging on scheduled sites: Digging on any sites which are
scheduled monument
In the United Kingdom, a scheduled monument is a nationally important archaeological site or historic building, given protection against unauthorised change.
The various pieces of legislation that legally protect heritage assets from damage and d ...
s without prior consent from the
Secretary of State for
Culture, Media and Sport is illegal.
#Declaration of treasure: The
Treasure Act 1996
The Treasure Act 1996 is a UK Act of Parliament, defining which objects are classified as treasure, legally obliging the finder to report their find.
Provisions
The Act is designed to deal with finds of treasure in England, Wales and Northern Ire ...
requires all finds that are legally defined as treasure to be declared to a local coroner or the police within 14 days. Nighthawkers rarely declare their finds due to the method of acquisition. Breach of this law can result in a £5,000 fine, a term of imprisonment up to three months or both.
#
Theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for som ...
: In Britain, ownership of finds on private lands, unless declared treasure, rests with the land owners.
Impact on metal detecting in the United Kingdom
Nighthawkers, being criminals, are distinct from law-abiding
metal detectorists.
Hobbyist
A hobby is considered to be a regular activity that is done for enjoyment, typically during one's leisure time. Hobbies include collecting themed items and objects, engaging in creative and artistic pursuits, playing sports, or pursuing oth ...
groups as The National Council for Metal Detecting or the Federation of Independent Detectorists are not to be confused with such criminal activity. Furthermore, it has been claimed, but not proven, that nighthawkers use such groups as a method of obtaining information about archaeological sites.
Nighthawking and the Oxford Archaeology study
Nighthawking was the subject of a study
undertaken by
Oxford Archaeology
Oxford Archaeology (OA, trading name of Oxford Archaeology Limited) is one of the largest and longest-established independent archaeology and heritage practices in Europe, operating from three permanent offices in Oxford, Lancaster and Cambridge, ...
and collectively funded by
English Heritage
English Heritage (officially the English Heritage Trust) is a charity that manages over 400 historic monuments, buildings and places. These include prehistoric sites, medieval castles, Roman forts and country houses.
The charity states that i ...
,
Cadw,
Historic Scotland
Historic Scotland ( gd, Alba Aosmhor) was an executive agency of the Scottish Office and later the Scottish Government from 1991 to 2015, responsible for safeguarding Scotland's built heritage, and promoting its understanding and enjoyment ...
,
National Museum,
National Museum of Wales
National may refer to:
Common uses
* Nation or country
** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen
Places in the United States
* National, Maryland, c ...
and the
Portable Antiquities Scheme
The Portable Antiquities Scheme (PAS) is a voluntary programme run by the United Kingdom government to record the increasing numbers of small finds of archaeological interest found by members of the public. The scheme begun in 1997 and now covers ...
. The primary aim of the study "Nighthawks and Nighthawking: Damage to Archaeological Sites in the United Kingdom and Crown Dependencies caused by illegal searching and removal of antiquities", was to assess the level of damage caused by Nighthawking to British archaeological heritage and to study the adequacy of current law in dealing with Nighthawking. The review, determined an average of at least 1.5 incidents a month.
Other relevant bodies associated with the study are Archaeology Guernsey,
Jersey Heritage Trust
Jersey Heritage is an independent Charitable trust, trust in Jersey which is responsible for the island's major historic sites, museums, and public archives. It holds collections of artefacts, works of art, documents, specimens, and informati ...
,
Manx National Heritage
Manx National Heritage ( gv, Eiraght Ashoonagh Vannin) is the national heritage organisation for the Isle of Man. The organisation manages a significant proportion of the island’s physical heritage assets including over 3,000 acres of coastlin ...
,
National Museums Scotland
National Museums Scotland (NMS; gd, Taighean-tasgaidh Nàiseanta na h-Alba) is an executive non-departmental public body of the Scottish Government. It runs the national museums of Scotland.
NMS is one of the country's National Collections ...
and the
Northern Ireland Environment Agency
The Northern Ireland Environment Agency (NIEA) is an executive agency within the Department of Agriculture, Environment and Rural Affairs (DAERA). It is responsible for conservation of Northern Ireland's environment and natural heritage.
Origi ...
.
See also
*
Operation Icarus - Police investigation into the organised theft and black market trade of religious and church artefacts in England and Wales
References
External links
* {{cite journal, doi=10.11141/ia.57.15 , issue=57 , title= How Quickly Should Public Benefit Come From Archaeology? Availability, use and influence on society: results of the Estonian salvage and metal detector study , year=2021 , journal=Internet Archaeology , last1 = Kadakas , first1 = Ulla , doi-access=free
Archaeological theft
Archaeology of the United Kingdom
Crime in the United Kingdom by type