Moved by
Baroness Brinton
292K: After Clause 170, insert the following new Clause—
“Desecration of a corpse
(1) A person (‘D’) is guilty of an offence if—
(a) D acts with severe disrespect to a corpse, and
(b) D knows that, or is reckless to whether, their acts are one of severe disrespect.
(2) In subsection (1)(a), disrespect to a corpse includes but is not limited to—
(a) dismembering a corpse, including—
(i) removing or attempting to remove identifiable body parts such as teeth, or fingers;
(ii) decapitation or attempted decapitation;
(b) destroying or attempting to destroy a corpse by means or burning or the use of chemicals.
(3) For the purposes of subsection (1)(a), whether an act is one of severe disrespect is to be judged according to the standard of the reasonable person.
(4) A person is not guilty of an offence under this section if—
(a) the act would otherwise be criminal under section 1 of the Human Tissue Act 2004,
(b) the act is also a criminal offence under section 70 of the Sexual Offences Act 2003 (sexual penetration of a corpse), or
(c) the act is a lawful cremation under the Cremation (England and Wales) Regulations 2008.
(5) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years.”
Member’s explanatory statement
The current common law offence of preventing a lawful and decent burial is rarely used. This amendment therefore creates a specific criminal offence of desecration of a corpse to address intentional acts of disrespect towards a deceased person’s remains.