preventing the lawful burial of a body
{{Short description|Criminal offence in England, Wales and Northern Ireland}}
{{Use dmy dates|date=June 2019}}
{{Use British English|date=June 2019}}
{{Globalize|article|United Kingdom|date=March 2025}}
Prevention of the lawful and decent burial of a dead body is an offence under the common law of England, Wales and Northern Ireland.{{Halsbury|26|Criminal Law|688|5}}[https://www.theguardian.com/law/2012/jul/18/rausing-charged-unusual-offence "Hans Rausing charged with highly unusual offence" by Daniel Hoadley], The Guardian, Wednesday 18 July 2012 Outside of homicide (to be an added count) it is quite rare.[http://ninetyone.org/policehistory/sources/files/commonlawoffences.pdf Common Law Offences Charged and Reaching a first hearing in Magistrates' Courts], Crown Prosecution Service 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.{{Halsbury|24|Cremation and Burial|1104|5}} It is now an offence to burn a body otherwise than in an approved crematorium.[http://www.legislation.gov.uk/uksi/2008/2841/regulation/13/made regulation 13, Cremation (England and Wales) Regulations 2008]
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.[http://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/60 section 60, Offences Against the Person Act 1861]
Recent cases
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.{{cite news|title=Eva Rausing death: Husband charged with burial delay|date=17 July 2012 |url=https://www.bbc.co.uk/news/uk-england-london-18880965|publisher=BBC News|access-date=17 July 2012}} 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.{{Cite web|url=https://www.telegraph.co.uk/news/uknews/12181669/Becky-Watts-killers-were-granted-more-than-400000-in-legal-aid-during-murder-trial.html|title = Becky Watts' killers were granted more than £400,000 in legal aid during murder trial| date=3 March 2016 }}
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 in Kingston upon Hull and Beverley.{{Cite news |date=2024-03-10 |title=Two arrested in Hull funeral directors investigation |url=https://www.bbc.com/news/uk-england-68529604 |access-date=2024-03-10 |work=BBC News |language=en-GB}} In April 2025, Robert Bush was charged with 30 counts of this offence alongside 30 counts of fraud by false representation.{{cite news |last1=Mistry |first1=Pritti |title=Man charged with 64 offences in funeral home probe |url=https://www.bbc.co.uk/news/articles/cd6jv4yxvgwo |access-date=4 April 2025 |work=BBC News |date=2 April 2025}}
In May 2024, Debbie Pereira and Benjamin Atkins went on trial charged with preventing a lawful burial.{{Cite news |last=Revell |first=Georgia |url=https://www.bournemouthecho.co.uk/news/24302409.bournemouth-body-parts-murder-trial-day-12-evidence/|title=Bournemouth 'body parts' murder trial: Day 12 of evidence |work=Bournemouth Echo |date=17 May 2024 |access-date= }}{{needs update|reason=Trial has concluded with a guilty verdict|date=April 2025}}
References
{{reflist}}