Disposal of a corpse with intent to obstruct or prevent a coroner's inquest

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Disposal of a corpse with intent to obstruct or prevent a coroner's inquest is an offence under the common law of England and Wales. [1] The offence is currently very rarely charged. [2] As a common law offence, it is tried on indictment and can be punished by an unlimited fine and/or period of imprisonment. [1]

Common law law developed by judges

In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.

England and Wales Administrative jurisdiction within the United Kingdom

England and Wales is a legal jurisdiction covering England and Wales, two of the four nations of the United Kingdom. "England and Wales" forms the constitutional successor to the former Kingdom of England and follows a single legal system, known as English law.

Conduct amounting to the offence includes: burying the body of anyone who has died a violent death before the coroner has had the opportunity of holding an inquest on it, and preventing the burial of a dead body or disposing of a dead body in order to prevent the holding of an inquest over it in a case where the coroner has reasonable ground for holding an inquest. [3]

It is a separate common law offence to Prevent the lawful (and decent) burial of a body. [4]

Prevention of the lawful and decent burial of a dead body is an offence under the common law of the United Kingdom. The offence is infrequently charged. As a common law offence, it is trialable only on indictment and can be punished by a maximum sentence of life imprisonment, an unlimited fine or both.

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References

  1. 1 2 Halsbury's Laws of England , volume 24: "Cremation and Burial", paragraph 1104 (5th edition)
  2. Common Law Offences Charged and Reaching a first hearing in Magistrates' Courts, Crown Prosecution Service
  3. Halsbury's Laws of England , volume 24: "Coroners", paragraph 61 (5th edition)
  4. Halsbury's Laws of England , volume 26: "Criminal Law", paragraph 11 (5th edition)