Mistreating, hiding or taking and sharing photos of a dead body could become specific offences if a Law Commission probe into how the criminal law can better protect the deceased bears fruit.
Announcing the commission's latest project on Friday, criminal law commissioner Professor Penney Lewis said how people are treated after death matters, but the criminal law does not always respond to serious wrongdoing involving dead bodies and human remains clearly or consistently.
The commission said no offence specifically deals with the mistreatment or concealment of a dead body or disrespectful acts towards human remains. Existing offences that might offer some protection are broad or outdated.
The commission’s review will cover dismemberment and mutilation, taking and sharing images, sexual abuse of a dead body or human remains, concealment and ‘peri-mortem’ conduct.
Regulation of the death care sector, sale and display of dead bodies and human remains, theft and fraud, and offences relating to the commission’s burial, cremation and new funerary methods project are out of scope.
Victims minister Alex Davies-Jones MP said: ‘Losing a loved one is already a source of immense grief, but to learn that their body has been abused or not treated with dignity can cause unimaginable pain. It's incredibly important that the Law Commission is launching this crucial review. It will ensure that our justice system continues to properly protect the dignity of the deceased and supports bereaved families at some of the most difficult moments of their lives.’
Reform during this parliament is unlikely. The commission will consult on proposals next year and publish its final report in ‘early' 2029.
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