Journal of Politics and Law; Vol. 7, No. 3; 2014 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education Modernising the Law on the Unlawful Treatment of Dead Bodies Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail:
[email protected] Received: June 7, 2014 Accepted: August 9, 2014 Online Published: August 25, 2014 doi:10.5539/jpl.v7n3p89 URL: http://dx.doi.org/10.5539/jpl.v7n3p89 Abstract It is important that English law be up-to-date - as well reflect modern social realities. However, in many areas, English law is badly out of date. This is particularly so in the field of English criminal law where a number of common law offences still exist of an uncertain, and confused, nature. The purpose of this article is to argue for the abolition of the common law offence of the unlawful treatment of a dead body (itself, comprising a number of discrete offences). It is asserted this offence should now be clarified in legislation. Further, it should not be contained in criminal legislation. Rather, it should be placed in legislation relating to burial. This is more appropriate. It also makes the same more accessible to laymen and experts in this area. Keywords: unlawful treatment of dead bodies, leaving a corpse unburied, preventing the burial of a corpse, removing a corpse from a grave, obstructing a coroner’s inquest, outraging public decency, creating a new, statutory, offence of the unlawful treatment of a corpse.