The Law Commission announces a project to review how criminal law treats dead bodies and human remains, saying its response is not always clear or consistent.
The Law Commission of England and Wales has announced a project to review the criminal law's application to acts and offences concerning dead bodies and human remains, with a view to introducing potential reforms, according to reports by Canadian Lawyer and Australasian Lawyer.
According to the Commission, no offence in the UK comprehensively and clearly tackles mistreating or concealing dead bodies, or disrespecting dead bodies or human remains in general. It noted that some current offences fail to encompass certain behaviours, while others may have ambiguous definitions or reflect outdated views.
Professor Penney Lewis, the Commission's criminal law commissioner, said in a news release: "The criminal law should respond appropriately to serious wrongdoing involving dead bodies and human remains, but at present it does not always do so clearly or consistently." She said: "This project will examine the gaps and uncertainties in the existing criminal law and consider carefully whether, and how, it should be reformed."
In its news release, the Commission acknowledged specific concerns about dismemberment, sexual or image-based abuse, and a killer's withholding of the location of the victim's body. Alex Davies-Jones, the UK's minister for victims, violence against women and girls, and international justice, said the review "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."
Early next year, the Commission plans to release a preliminary paper outlining its current comprehension of the issues, stating the scope of the review and seeking early input. It will then publish a consultation paper with its preliminary recommendations for reform.
