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Law Commission to review offences against dead bodies

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The Law Commission of England and Wales has launched a new project that will consider the application of the criminal law to conduct involving a dead body or human remains.

There is no offence dealing specifically with mistreatment or concealment of a dead body in England and Wales, nor of disrespectful acts towards dead bodies or human remains generally. Particular concerns relate to, for example:

  • dismemberment;
  • image-based abuse; 
  • sexual abuse; and 
  • a killer’s refusal to provide the location of their victim’s body. 

There are a variety of common law offences (established by judges in previous cases) and statutory offences (created by Parliament) which may apply to some reprehensible conduct towards deceased people, but none do so comprehensively and clearly. In some cases, the existing offences do not cover certain behaviours; in others, they may be vaguely defined or reflect outdated attitudes.

The project will examine any gaps in the current law and consider how best to ensure that the criminal law provides consistent, effective and appropriate protection against the interference with dead bodies or human remains after death.

The Law Commission will publish a preliminary paper in early 2027, setting out our current understanding of the issues, the scope of the project and inviting initial views.

Further engagement with a broad range of individuals and organisations will take place once work on the project is underway, ahead of the publication of a consultation paper setting out the Law Commission’s provisional proposals for reform.

Professor Penney Lewis, Criminal Law Commissioner said:

“How we treat people after death matters, out of respect for the person who has died and for the sake of their families and loved ones. 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. This project will examine the gaps and uncertainties in the existing criminal law and consider carefully whether, and how, it should be reformed.”

Alex Davies-Jones MP, Minister for Victims, Violence Against Women and Girls and International Justice 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.”

Further details are available on the project page at https://lawcom.gov.uk/project/offences-against-dead-bodies/