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26 April 2024 / Athelstane Aamodt
Issue: 8068 / Categories: Features , Public , Procedure & practice
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The laws of death

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How do we regulate the treatment of the dead? Athelstane Aamodt digs up the truth

The allegations that have been made about Legacy Independent Funeral Directors in Hull have caused a great deal of shock, not least to the bereaved families who—so it is claimed—received cremated remains that were not those of the loved one that they had lost. Two suspects were arrested and released on police bail.

Among the offences that the two suspects are thought to have committed is prevention of a lawful and decent burial, which is, like murder, an offence that only exists at common law. The offence, as is typical with old common-law offences, is capable of being punished with a fine and/or a prison sentence, neither of which has any limit. Prosecutions for this offence are rare. The Swedish billionaire Hans Kristian Rausing was convicted of it in 2012. (He did not alert the authorities about the death of his wife for two months.) He pleaded guilty and received a suspended sentence.

Burial & regulation

The

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Womble Bond Dickinson—Paula Myers

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NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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