In England and Wales metal detecting is legal provided permission is granted by the landowner, and the area is not a Scheduled Ancient Monument or covered by elements of the Countryside Stewardship Scheme. Voluntary reporting of finds to the Portable Antiquities Scheme or the UK Detector Finds Database is encouraged. These schemes have their critics, however, including some archaeologists and metal detectorists. The situation in Scotland is very different. Under the Scots law principle of bona vacantia,[2] the Crown has claim over any object of any material where the original owner cannot be traced. There is also no 300 year limit to Scottish finds. Any artifact found, whether by metal detector survey or from an archaeological excavation, must be reported to the Crown through the Treasure Trove Advisory Panel at the National Museums of Scotland. The Panel then determines what will happen to the artifacts. Reporting is not voluntary, and failure to report the discovery of historic artifacts is a criminal offense in Scotland.

Archeology is beginning to recognize the contribution responsible metal detecting provides in adding to the knowledge of our past. One example is utilizing the skilled use of the metal detector to examine wide areas such as battlefield sites where surface scatters of metal objects may be all that survives. This has recently been demonstrated during archaeological work conducted at Antietam National Battlefield in the United States.[citation needed]