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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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