Law Commission consultation on New Funerary Methods

See paragraph 7.14 of the Consultation Paper.

We provisionally propose that primary legislation should explicitly prohibit the use of a new funerary method which has not been regulated.

Do consultees agree?

See paragraph 7.45 of the Consultation Paper.

We provisionally propose that:

(1) it should be a criminal offence to procure or take part in the use of a new funerary method which is not regulated; and

(2) to be guilty of the offence of procuring or taking part in the use of a new funerary method which is not regulated, the defendant must:

(a) know that they are procuring or taking part in the use of a new funerary method; and

(b) know that the new funerary method is not regulated.

Do consultees agree?

See paragraph 7.46 of the Consultation Paper.

We provisionally propose that:

(1) it should be a criminal offence to carry out a new funerary method which is not regulated; and

(2) to be guilty of the offence of carrying out a new funerary method which is not regulated, the defendant must know that they are carrying out a new funerary method.

Do consultees agree?

See paragraph 7.47 of the Consultation Paper.

We invite consultees’ views on whether:

(1) there should be a corresponding fault element as to regulation, such that, to be guilty of the offence of carrying out a new funerary method which is not regulated, the defendant must either know that the new funerary method is not regulated or be reckless as to whether the new funerary method is regulated; or

(2) there are any reasons that would justify having no fault element for this part of the offence, so a person can be guilty even if they do not know that the new funerary method they are carrying out is not regulated and are not reckless as to whether the new funerary method is regulated.

See paragraph 7.48 of the Consultation Paper.

We provisionally propose that the maximum penalty for the offence of carrying out, procuring or taking part in the use of a new funerary method which is not regulated should be more severe than for the offence of carrying out, procuring or taking part in a cremation except in accordance with cremation legislation (a fine at level 3 on the standard scale, currently £1,000).

Do consultees agree?

See paragraph 7.49 of the Consultation Paper.

We invite consultees’ views on whether the maximum penalty for the offence of carrying out, procuring or taking part in the use of a new funerary method which is not regulated should include a period of imprisonment.