PRACTICAL LEGAL RESEARCH Question and answers. Highlights how to layout your research project, and how to citate your reference. Includes three examples, one is an exam question. Also includes MCQ.
SUBJECT: ST077-003/AS: Brian Stokes, Find of Coins
DATE: [Today’s date]
I’m on the train at the moment, so need you to look something up for me. The firm acts a lot for
Brockley Construction plc. One of their construction managers, Brian Stokes, has sent an email today,
part of which is attached.
Please research just his specific queries, including any penalties for failure to report this find. I
vaguely remember something about ‘treasure trove’ but I think the law on treasure changed about
15 to 20 years ago, and I read about some minor changes recently.
Keep the report brief and don’t spend too long on this one, as we might not charge. Still record your
time. Remember, Brian is our client for this matter, not the company, so don’t do it on the general
file for Brockley. I’m happy that there is no conflict of interest. Don’t waste time on things that he
doesn’t want to know.
Please confirm that you have received this so that I know you are working on it. Please send me your
research report in our standard format, by email before the end of the day. Brian may call me back at
close of business. Just in case I can’t download or view the full report in Word format while travelling,
your email needs to be brief but clear about what he should do.
>>>Brian.Stokes@BrockleyBuild.com wrote:
During a visit to one of our sites in Suffolk yesterday, I was inspecting some foundation trenches dug
by a sub-contractor. I noticed three metal discs that looked like they might be coins. I was a coin
collector in my childhood so was curious to see how old they were. A museum curator friend of the
sub-contractor has told me that they are coins, made of solid gold and date back to about the
seventh century.
I want to know:
• whether I need to inform anyone of this find; and, if so
• the consequences of failing to do so.
[END OF EMAIL]
,EMAIL
From: Trainee
To: Angela Smythe (Angela.Smythe@U-Laws.com)
Subject: Brian Stokes, Find of gold coins
Date: [Today’s date]
Dear Angela
I have researched whether Brian Stokes has any obligations following his discovery
of three gold coins from 7th century.
Review of Research
The coins Brian found fall within the definition of ‘treasure’. As a result, he is under a
duty to notify the find of the coins to the coroner for the area where he found them.
He must report the find as soon as possible because it is a criminal offence not to do
so within 14 days of finding the coins. While it is possible that the 14 days will only
start to run from the time when he became aware that the coins are ‘treasure’, he
must not delay making the report. The offence is so serious that a Magistrates’ Court
can impose an unlimited fine and can even give a custodial sentence, if appropriate.
Advice
Brian should report the matter to the local coroner. Contact details for the Coroner
for Suffolk are available on www.suffolk.gov.uk. Brian can also see more information
about finding treasure on www.gov.uk/treasure
.
If you or he need any further assistance, do give me a call.
Kind regards
Trainee
, RESEARCH REPORT
REF: STO77-003/AS
CLIENT: Brian Stokes
MATTER: Find of Coins
DATE: [The date on which you do the research]
ANALYSIS
Facts and Instructions
Brian Stokes needs to know whether he has to report a find of gold coins, and is
concerned about the consequences if he fails to do so.
Legal Issue
My research report deals with the legal issue set out below
CONCLUSION
Report on Legal Issue
What obligations would Brian have to report a find of three seventh century
gold coins and, if he has any obligation what are the consequences of failing to
do so?
The coins fall within the definition of ‘treasure’ because they were a find (i.e. found
together) of at least two coins, containing at least 10% precious metal (gold). As a
result, Brian is under a duty to notify the find of the coins to the coroner for the area
where he found the coins.
Brian must report the find as soon as possible because it is a criminal offence not to
do so within 14 days of finding the coins. It is arguable that the 14 days will only start
to run when we tell him that the coins are ‘treasure’, but he must not delay making
the report. If he misses the deadline he would be guilty of a summary offence and
the Magistrates’ Court has the power to impose an unlimited fine or give a custodial
sentence of up to 3 months, or both.
There is a defence of having, and continuing to have, a reasonable excuse for failing
to notify the coroner. This does not appear to be relevant to Brian, so he should
make a report within 14 days of the find.
PRIMARY SOURCES
Treasure Act 1996
s1 and s3 contain the provisions which mean that Brian’s find is ‘treasure’.
s1(1) (a)(ii) sets out the definition of ‘treasure’
s3(2) defines ‘coin’
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