Preventing the lawful burial of a body
Prevention of the lawful and decent burial of a dead body is an offence under the common law of England, Wales and Northern Ireland.[1][2] Outside of homicide (to be an added count) it is quite rare.[3] It is triable only by indictment and can be punished by, at maximum, life imprisonment, an unlimited fine or both.
An example of the offence, standalone, is detaining a body, for instance upon a claim for fees or a debt, refusing to deliver it to the executors for burial, or when entrusted with it for burial selling for dissection.
Burning a body instead of burying it was not illegal.[4] It is now an offence to burn a body otherwise than in an approved crematorium.[5]
Disposing of the dead body of a child with intent to conceal the birth (regardless as to when the child died) is a different offence; that under section 60 of the Offences Against the Person Act 1861.[6]
Recent cases
[edit]Hans Kristian Rausing, heir to Hans Rausing who owns the multinational food packaging and processing company Tetra Pak, was charged with the offence on 17 July 2012 after police discovered the corpse of his wife, Eva.[7] He received a suspended prison sentence.
Nathan Matthews and his girlfriend, Shauna Hoare were charged then convicted with this after murdering Becky Watts; the defence team received substantial legal aid principally due to the absence of witnesses of the killing.[8]
In March 2024, two people were arrested on suspicion of prevention of a lawful and decent burial in connection with alleged offenses at a funeral directors in Hull.[9]
In May 2024, Debbie Pereira and Benjamin (Benny) Atkins were on trial for preventing lawful burial. The trial continues.[10]
References
[edit]- ^ Halsbury's Laws of England, volume 26: "Criminal Law", paragraph 688 (5th edition)
- ^ "Hans Rausing charged with highly unusual offence" by Daniel Hoadley, The Guardian, Wednesday 18 July 2012
- ^ Common Law Offences Charged and Reaching a first hearing in Magistrates' Courts, Crown Prosecution Service
- ^ Halsbury's Laws of England, volume 24: "Cremation and Burial", paragraph 1104 (5th edition)
- ^ regulation 13, Cremation (England and Wales) Regulations 2008
- ^ section 60, Offences Against the Person Act 1861
- ^ "Eva Rausing death: Husband charged with burial delay". BBC News. 17 July 2012. Retrieved 17 July 2012.
- ^ "Becky Watts' killers were granted more than £400,000 in legal aid during murder trial".
- ^ "Two arrested in Hull funeral directors investigation". BBC News. 10 March 2024. Retrieved 10 March 2024.
- ^ "Bournemouth Body Parts Murder Trial Day 12 Evidence".