New measures to protect South West shipwrecks from the threat of heritage crime

The protection of the South West’s most historic and archaeologically important shipwrecks, and the nation's wider underwater cultural heritage, has been given a major boost.

Historic England, in partnership with the University of Plymouth, has launched new guidance to make it easier for law enforcement agencies to detect and act swiftly in response to heritage crime at sea.

The new Common Enforcement Manual for Heritage Crime at Sea covers any criminal activity directed towards any kind of maritime heritage in English waters, whether protected by heritage legislation or not.

Its key aim is to enable law enforcement agencies to act quickly in response to suspected heritage crime incidents at sea, and it complements existing Historic England partnership initiatives to prevent and investigate heritage crime.

The Common Enforcement Manual has been developed because more than half of England’s 57 nationally important shipwrecks – a number that includes 20 located around the coasts of Cornwall, Devon and Dorset – lie in remote locations not frequently visited or patrolled, resulting in offences often going unnoticed.

And while the majority of divers abide by the law, an unscrupulous minority have caused irreparable damage to historic shipwreck sites, through the removal of material and failure to follow legal requirements.

The new toolkit includes comprehensive legal advice and protocols for the observation, investigation and interception of vessels suspected of being involved in criminal activity as well as communication protocols between relevant organisations.

It was developed by Associate Professor of Law Jason Lowther and Visiting Professor Mike Williams, from the University’s School of Law, Humanities and Social Sciences, along with Beccy Austin, a senior consultant working for MSDS Marine.

They said: "The Common Enforcement Manual is an unprecedented piece of joined-up action. It has buy-in from key agencies including the police, government and fisheries bodies and marks a major milestone in the protection of our rich underwater cultural heritage."

Jason and Mike have worked at length on programmes aimed at preserving underwater cultural heritage, and played a key role in the safeguarding of Sir Ernest Shackleton’s iconic vessel Endurance after its wreck was discovered in Antarctica in 2022.

The Common Enforcement Manual was developed following recommendations from a previous Historic England funded project, led by Jason and published by Historic England in 2019, entitled Enhancing Protection of Underwater Heritage Assets.

Sergeant Julian Fry, Heritage Crime Tactical Lead for Devon & Cornwall Police and national lead for ‘Operation Birdie – the national policing response to coastal, marine and maritime crime - added: "This is truly pioneering work which brings together the knowledge, skills and experience of those involved with enforcement in the maritime heritage crime sector into one place for the first time. The new Common Enforcement Manual will be a game-changer, offering clear and easy to use guidance for those involved in operational enforcement."

Available in several digital formats for use in areas with intermittent internet access, the manual for enforcement agency partners offers a one-stop resource bringing together heritage law, enforcement powers and standard operating procedures.

It references a range of existing legislation and is designed to cover: The Protection of Wrecks Act 1973; wrecks protected under The Ancient Monuments and Archaeological Areas Act 1979; aircraft and shipwrecks designated under The Protection of Military Remains Act 1986; The Merchant Shipping Act 1995; and the Marine and Coastal Access Act 2009. 

Mark Harrison, Historic England’s Head of Heritage Crime, said: "Responding to heritage crime at sea requires swift action, clear procedures and the secure preservation of evidence. By strengthening awareness and coordination among the law enforcement agencies patrolling England’s waters, we are enhancing our collective ability to identify offenders, secure crime scenes, and protect historic wreck sites. This sends a clear message that criminal activity will not be tolerated."

Paul Jeffery, Chair of the Chartered Institute for Archaeologists Heritage Crime Special Interest Group, said: "This is a leap forward towards safeguarding historic shipwrecks and other important underwater sites for future generations to enjoy. We are delighted that some of our members have led this important project.” 

More information on the development of The Common Enforcement Manual for Heritage Crime at Sea can be found here