Burial Act 1857
Definition
UK legislation requiring a Ministry of Justice licence before any exhumation from a registered burial ground. The licence specifies the purpose, practitioner, and required disposal of remains after examination.
- Jurisdiction
- United Kingdom
- Requirement
- Ministry of Justice exhumation licence
- Applies to
- Registered burial grounds
- Licence specifies
- Purpose, practitioner, remains disposal
- Field
- Forensic legal framework, exhumation
Common questions
Who issues the licence required under the Burial Act 1857 for a forensic exhumation?+
The Ministry of Justice issues the exhumation licence in England and Wales, and it sets out the conditions under which the remains may be disturbed and examined.
Does the Burial Act 1857 apply to unregistered or informal burial sites?+
Its licensing requirement specifically covers exhumation from registered burial grounds, so remains recovered from an unregistered or clandestine site fall instead under separate criminal investigation and coronial procedures.
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