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]
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]
In many common law jurisdictions, an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury. A similar concept in the United States is known as a felony, which for federal crimes, also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury.
Cremation is a method of final disposition of a dead body through burning.
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.
Burial at sea is the disposal of human remains in the ocean, normally from a ship, boat or aircraft. It is regularly performed by navies, and is done by private citizens in many countries.
The Hostages Trial was held from 8 July 1947 until 19 February 1948 and was the seventh of the twelve trials for war crimes that United States authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before US military courts, not before the International Military Tribunal, but took place in the same rooms at the Palace of Justice. The twelve US trials are collectively known as the "Subsequent Nuremberg Trials" or, more formally, as the "Trials of War Criminals before the Nuremberg Military Tribunals" (NMT).
Disposal of human corpses, also called final disposition, is the practice and process of dealing with the remains of a deceased human being. Disposal methods may need to account for the fact that soft tissue will decompose relatively rapidly, while the skeleton will remain intact for thousands of years under certain conditions.
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.
Concealment of birth is the act of a parent failing to report the birth of a child. The term is sometimes used to refer to hiding the birth of a child from friends or family, but is most often used when the appropriate authorities have not been informed about a stillbirth or the death of a newborn. This is a crime in many countries, with varying punishments.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
Murder is an offence under the common law legal system of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to unlawfully cause either death or serious injury. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker, chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sources of legislation in the United Kingdom, and because of the different histories of the constituent countries of the United Kingdom.
The Cremation Act 1902 is an Act of Parliament of the Parliament of the United Kingdom. The major purpose of the Act was to allow burial authorities to establish crematoria. Later revisions of the Act outlawed open air cremations using funeral pyres, although in 2010 the Court of Appeal ruled this practice to be legal under certain circumstances.
Alkaline hydrolysis is a process for the disposal of human and pet remains using lye and heat, and is an alternative to burial or cremation.
The Infanticide Act 1938 is an Act of the Parliament of the United Kingdom. It creates the offence of infanticide for England and Wales.
Hans Kristian Rausing is a Swedish billionaire and the son of packaging industrialist Hans Rausing. His grandfather Ruben Rausing founded the food-packaging giant Tetra Pak. The family has an estimated $12 billion fortune.
Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.
The Burial Laws Amendment Act 1880 is an Act of the Parliament of the United Kingdom. It is one of the Burial Acts 1852 to 1885.
Eva Louise Rausing was a businesswoman and philanthropist, and a member of the Rausing family, which owns the food packaging business Tetra Pak. She was the wife of Hans Kristian Rausing, whom she met in a rehab clinic in her native U.S., and with whom she had four children.
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. The offence is currently very rarely charged. As a common law offence, it is tried on indictment and can be punished by an unlimited fine and/or period of imprisonment.
Rebecca Marie Watts was a British student from Bristol who was murdered in 2015 at the age of 16. In November 2015, her step-brother, Nathan Matthews, was found guilty of her murder and was sentenced to life in prison with eligibility for parole after 33 years. His girlfriend, Shauna Hoare, was found guilty of manslaughter and sentenced to 17 years in prison, although Hoare had insisted to police that she had nothing to do with the killing, or dismembering Watts' body and hiding the parts. Both Matthews and Hoare were also convicted of conspiracy to kidnap, preventing the lawful burial of a body, perverting the course of justice and possession of two stun guns.