Question re Irish metal detecting laws .

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Irishpirate
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Question re Irish metal detecting laws .

Post by Irishpirate » Sat Dec 08, 2018 2:01 pm

Hi , a question aimed at Irish detectorists , and looking for a definitive answer from someone who knows rather than getting someone's two cents worth , and it is this : Since The National Monuments Act ( amendment ) 1987 states in section 2(6) " Where in a prosecution for an offence under this section ( restrictions on use of detection devices ) it is proved that a detection device was being used , it shall be presumed until the contrary is proved that the device was being used for the purpose of searching for archaeological objects ." With this presumption of guilt until proven innocent , how can any Irish detectorist avoid a conviction even if they really were only searching for their granny's ring ?



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thefiggis
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Re: Question re Irish metal detecting laws .

Post by thefiggis » Sat Dec 08, 2018 3:33 pm

Have a look at this thread in this very sub forum, which should hopefully answer your question ::g
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Irishpirate
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Re: Question re Irish metal detecting laws .

Post by Irishpirate » Sat Dec 08, 2018 4:53 pm

THanks Thefiggis . I saw that thread before . I presume the upshot of it is that if prosecuted there is no possible defense. I just wondered if there had been any progress on that front in recent times , but maybe not . I'll probably just nip across the border where at least you are not presumed guilty until proven innocent .

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Re: Question re Irish metal detecting laws .

Post by thefiggis » Sat Dec 08, 2018 5:02 pm

We have a certain moderator on here very well versed in the niceties of detecting on the Emerald Isle on account of being from those very shores. I expect he'll be along soon to iron out the detail :)
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Re: Question re Irish metal detecting laws .

Post by liamnolan » Sat Dec 08, 2018 9:26 pm

Hi, I think you will find that nobody in Ireland has ever been prosecuted for metal detecting, UNLESS they were detecting illegally without permission, for example on a protected site such as a Scheduled Monument. If someone is found detecting there then there will be an assumption of intent to find items of historical interest.
So, no probs with searching for your grannies ring or the farmers lost hammer, but if you do find anything historical then you need to report in to a museum within two days.
The National Museum of Ireland do not condone the use of metal detectors, they advise the Irish Heritage Minister and they draft up the detecting laws, but its still legal to own and use a detector in the correct way, they just want everyone to think otherwise.
There is much work being done right now to get the Irish detecting legislation amended, send me a PM for more info if you wish, all the best, Liam :;@ :;@
Spokesperson - Irish Metal Detecting Society - Vice President European Council for Metal Detecting
Deus, WSi's - In the end we will regret the chances we didn't take, the relationships we were afraid to have and decisions we waited too long to make .. Spokesperson Irish Metal Detecting Society IMDS Vice President European Council for Metal Detecting

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