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56
Exhumations
An exhumation or disinterment is only lawful when authorised by
an order from a coroner, a licence of one of her Majesty's principal
secretaries of State or a faculty of the Ordinary (a judge of the
Consistory Court in whom jurisdiction over all things necessary for the
decent and respectful treatment of the dead in consecrated ground is
vested). It is an offence, both at common law and under section 25 of
the Burial Act, 1857, to disinter any human remains from any place
of burial without lawful authority.
Generally, exhumations for the purpose of holding an inquest are
made by order of the coroner; exhumations from unconsecrated
ground for public or private reasons are authorised by the Secretary of
State whilst the transfer of remains from one consecrated place of burial
to another is authorised by a faculty of the Ordinary. Under certain
circumstances, e.g. the exhumation of remains from consecrated ground
for reasons other than their transfer to other consecrated ground, it is
necessary to obtain both a faculty and a licence of the Secretary of State.
The Secretary of State may prescribe such precautions as he considers
desirable as a condition of any licence and it is the practice to forward
to the medical officer of health a copy of any licences issued for the
removal of human remains interred in his district, in order that he may
be in a position to take any action under his general powers which
appears necessary in the interests of the public health.
It is the practice for a sanitary inspector to be in attendance at an
exhumation of this nature and one such attendance was made during
1953 in respect of a licence issued by the Secretary of State.