Dear all,

We had a question recently about whether the deliberate removal of objects from sites of known or presumed in-situ burials could constitute an offence under the Burial Act (although the law pertaining to human remains encompasses more than just the Burial Act of course). This was triggered by a concern that detectorists were repeatedly visiting a field that pretty clearly contained Anglo-Saxon burials but of course it applies equally to non-detectorists.

We discussed this with Historic England and their legal department has given us the statement below.

“People who detect and dig on known burial sites run the risk of disturbing graves containing human remains, and thus risk breaching the law relating to human remains for which they could be prosecuted”.

I think this is quite a firm statement that may help deter inappropriate targeting of cemeteries but won’t prejudice normal and legal farming activities such as ploughing.  For our part we will add this to HER records of cemeteries and burials where remains are believed to survive in-situ as an advisory to those in receipt of HER data or those using our website.

Historic England have also agreed we can circulate this on the Forum so here it is!

Regards,

Paul

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Paul Cuming | Historic Environment Record Manager | Environment, Planning and Enforcement | Heritage Conservation Group

Kent County Council | Maidstone, ME14 1XX | Tel: 03000 413358 | www.kent.gov.uk/HER