The Law Relating to Dealing with Dead Bodies

Abstract

Since March 1999 there have been three inquiries concerned either in whole or in part with the removal of human tissue from bodies during post-mortem examinations and its retention thereafter. Two of these at least have had to consider the law relating to the matter, and a commissioned paper and a submission about it to one, the Bristol Royal Infirmary Inquiry, have been mounted on the Inquiry's Web site. The main part of this article consists of the slightly revised text of a submission to the Inquiry by way of comment on these. Among the major points made in this submission are that (a) insufficient consideration has been given to the present status of the common law right of a person arranging a funeral to have the body of the deceased given Christian burial in the burial ground of the parish in which he or she died or of which he or she was a parishioner; (b) insufficient account has been taken of the scope of permissible modes of dealing with a dead body; and that (c) the implications this has for the common law offence of preventing Christian (or decent) burial have not been fully explored.