Review may cover dismemberment, situation where killer withholds location of victim’s body
The Law Commission of England and Wales has announced a new project aimed at reviewing the criminal law’s application to acts and offences concerning dead bodies and human remains, with a view to introducing potential reforms.
“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,” said Professor Penney Lewis, the Law Commission’s criminal law commissioner, in a news release. “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.”
“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,” added Alex Davies-Jones, the UK’s minister for victims, violence against women and girls, and international justice.
The Law Commission shared that the review seeks to study any gaps in the UK’s existing law and to consider how the criminal law can help ensure consistent, effective, and proper safeguards against interfering with dead bodies or human remains.
“This project will examine the gaps and uncertainties in the existing criminal law and consider carefully whether, and how, it should be reformed,” Lewis said.
“It’s incredibly important that the Law Commission is launching this crucial review,” Davies-Jones added. “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.”
The Law Commission recognized the potential application of various statutory and common law offences to certain reprehensible acts against deceased individuals.
However, the Law Commission noted that some current offences fail to encompass certain behaviours, while others may have ambiguous definitions or reflect outdated views.
According to the Law Commission, no offence in the UK comprehensively and clearly tackles mistreating or concealing dead bodies or disrespecting dead bodies or human remains in general.
In its news release, the Law Commission acknowledged specific concerns pertaining to:
Early next year, the Law Commission plans to release a preliminary paper outlining its current comprehension of the issues, stating the scope of review, and seeking early input.
As soon as the project’s efforts are in progress, the Law Commission will begin engaging with more individuals and organizations. The Law Commission will then publish a consultation paper with its preliminary recommendations for reform.
In July 2025, the Law Society Gazette reported that the Law Commission had urged lawyers to receive training on “rape myths” that could interfere with fair and effective trials.
In October 2024, the Law Society Gazette reported that the Law Commission had commenced a consultation emphasizing the necessity for reform regarding the legal definition of disabled children.
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