The "core principles and characteristics" of Scotland's existing law on treasure finds has been endorsed by a review launched last year, but several recommendations have been made.

In Scotland, discoveries including things like buried treasure found by detectorists have a different status to elsewhere in Britain.

Unlike in the rest of the UK, the Treasure Act 1996 does not apply, with finds instead dealt with under common law.

To qualify as treasure trove, an object must be precious, it must be hidden, and there must be no proof of its property or reasonable presumption of its former ownership.

As in England, the Crown has prerogative right to such discoveries, meaning it can transfer ownership to other bodies as it sees fit.

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The Crown agent responsible is the King's and Lord Treasurer's Remembrancer, which decides whether an object should be claimed by the Crown and recommends a reward for the find based on its current market value based on the Treasure Trove system.

Examples of discoveries which have been through the system over the past two decades include a mesolithic harpoon discovered by a child dating to the Mesolithic Period, which was allocated to the West Highland Museum in Fort William last year; a memento mori finger ring discovered in 2013 and given to Fife Cultural Trust; and a Bronze Age logboat discovered in the River Tay in 2001.

In 2023 a review into the treasure trove system was launched which engaged with organisations and individuals involved in the system, with a 12-week public consultation launched in the spring.

The Treasure Trove Review endorses “the core principles and characteristics” of treasure trove in Scotland but recommends an overhaul of how treasure trove is led and funded, with recommendations for future investment in people and technology. 

This will allow the system to keep pace with the numbers of finds being made, which are far greater today than when current treasure trove processes were designed.  

It also demands a change in culture, where treasure trove is recognised as a key partner in the Scottish heritage sector, and where all those involved ­- from museums to metal detectorists - are acknowledged for their participation and contribution to Scotland’s heritage.  

Alongside these key areas are detailed recommendations intended to help the processes of reporting, claiming and allocating finds work better and faster, to extend the reach of treasure trove staff based in Edinburgh more widely across the country, to clarify areas of policy and to bolster collaboration between the multiple organisations that contribute to the treasure trove system. 

Stuart Allan, chair of the Treasure Trove review, said: “The overarching picture to emerge from the review was that, broadly speaking, respondents want the existing system to work better.  

“While changes are needed, there is no shortage of goodwill for the objectives of treasure trove. The Review team has been impressed by the positive engagement we have received from all parties, and that spirit of collaboration will be key to helping the system move forward.”  

John Logue, King’s and Lord Treasurer’s Remembrancer, thanked heritage professionals, metal detectorists and the wider public for their engagement with the study.  

He said: “The Review offers us a detailed manifesto for the future of treasure trove in Scotland which could not have been drawn up without hearing the views of so many participants.  

 “I greatly appreciate everyone’s willingness to put forward their views and ideas, all of which have been taken into account.  

 “We look forward to considering the recommendations of the Review in detail and drawing up a plan for treasure trove in the years ahead.”   

Jane Ryder, Chair of the Scottish Archaeological Finds Allocation Panel, said: “The comprehensive report is founded on engagement with the Review from museums, heritage organisations, the wider archaeological sector and metal detectorists, and demonstrates how important treasure trove is to heritage and culture in Scotland.  

“On behalf of the Panel, I warmly welcome the Review, with the focus on the benefits of the system, and the forward-looking approach, together with the real improvements that can be made. 

“We look forward to using the work of the Review, which will safeguard and strengthen the system for the future.” 

Culture Secretary Angus Robertson said: “We are grateful for the work undertaken by the King’s and Lord Treasurer’s Remembrancer and note the publication of the Treasure Trove Review 2024. The recommendations set out in the review will now be carefully studied.  

 “Scotland’s heritage is rich and varied and it is essential that the process of archaeological finds runs smoothly for all concerned, which is why it is important that we have a treasure trove system which is fit for purpose.”