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Hi Paul, As Casper comments, very useful. I guess the vagueness may stem from proving that an individual has disturbed a specific burial or burials. Gathering conclusive evidence to prove such a disturbance occurred as a result of metal detecting or other unauthorised activity may be problematic, especially if ploughing has redistributed the remains. All the best, Grahame Grahame A. Appleby City Archaeologist Conservation Team Planning, Development and Transportation Leicester City Council City Hall 115 Charles Street Leicester LE1 1FZ [log in to unmask]<mailto:[log in to unmask]> Tel (ext): (0116) 454 6868 Tel (int): 37 6868 Mobile: 07712530134 www.leicester.gov.uk<http://www.leicester.gov.uk/> From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Casper Johnson Sent: 07 June 2017 14:29 To: [log in to unmask] Subject: Re: disturbance of in-situ burials Interesting. Thanks Paul - sounds useful though somewhat vague... Casper From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Paul Cuming Sent: 07 June 2017 10:26 To: [log in to unmask]<mailto:[log in to unmask]> Subject: disturbance of in-situ burials 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 ------------------------------------------------------------- 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<http://www.kent.gov.uk/HER> This message is intended for the use of the addressee only and may contain confidential or privileged information. If you have received it in error please notify the sender and destroy it. You may not use it or copy it to anyone else. E-mail is not a secure communications medium. Please be aware of this when replying. All communications sent to or from the County Council may be subject to recording and/or monitoring in accordance with relevant legislation. Although East Sussex County Council has taken steps to ensure that this e-mail and any attachments are virus free, we can take no responsibility if a virus is actually present and you are advised to ensure that the appropriate checks are made. You can visit our website at https://www.eastsussex.gov.uk