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Preventing the lawful burial of a body

From Wikipedia, the free encyclopedia
Criminal offence in England, Wales and Northern Ireland

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Prevention of the lawful and decent burial of a dead body is an offence under thecommon 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 approvedcrematorium.[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 theOffences Against the Person Act 1861.[6]

Recent cases

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Hans Kristian Rausing, heir toHans Rausing who owns the multinational food packaging and processing companyTetra 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 murderingBecky 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 offences at Legacy Independent Funeral Directors sites inKingston upon Hull andBeverley.[9] In April 2025, Robert Bush was charged with 30 counts of this offence alongside 30 counts offraud by false representation.[10]

In May 2024,Debbie Pereira and Benjamin Atkins went on trial charged with preventing a lawful burial.[11][needs update]

References

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  1. ^Halsbury's Laws of England, volume 26: "Criminal Law", paragraph 688 (5th edition)
  2. ^"Hans Rausing charged with highly unusual offence" by Daniel Hoadley,The Guardian, Wednesday 18 July 2012
  3. ^Common Law Offences Charged and Reaching a first hearing in Magistrates' Courts,Crown Prosecution Service
  4. ^Halsbury's Laws of England, volume 24: "Cremation and Burial", paragraph 1104 (5th edition)
  5. ^regulation 13, Cremation (England and Wales) Regulations 2008
  6. ^section 60, Offences Against the Person Act 1861
  7. ^"Eva Rausing death: Husband charged with burial delay". BBC News. 17 July 2012. Retrieved17 July 2012.
  8. ^"Becky Watts' killers were granted more than £400,000 in legal aid during murder trial". 3 March 2016.
  9. ^"Two arrested in Hull funeral directors investigation".BBC News. 10 March 2024. Retrieved10 March 2024.
  10. ^Mistry, Pritti (2 April 2025)."Man charged with 64 offences in funeral home probe".BBC News. Retrieved4 April 2025.
  11. ^Revell, Georgia (17 May 2024)."Bournemouth 'body parts' murder trial: Day 12 of evidence".Bournemouth Echo.

See also

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