17th June 2007, 06:43 PM
P.S. on a technical point.
Peter Wardle suggested above that we consider "what are the defences against prosecution for example, how far are the offences de minimus or would a prosecution be in the public interest".
In my understanding, an offense under Section 25 of the 1857 Act (if offense there be) would involve strict personal liability of the particular archaeologist who 'removed the remains from their place of burial'; there is no defense, certainly not that you were instructed to act by employer, client or landowner - or, indeed, following advice from the IFA, EH, the MoJ or even a solicitor. I repeat, there is no defense should it be found by a court that an offense has been committed. The penalty is currently defined as follows: "on summary conviction [i.e. without a jury] before any two (magistrates), forfeit and pay for every such offence a sum not exceeding (level 1 on the standard scale)". I believe level 1 is currently £200, not a particularly daunting penalty in itself but remember the criminal record. Note the phrase "every such offence", which would imply (in contrast to the 'multiple' authority which was usually involved in the issue of a licence in the past) that a fine would be levied for every full or partial skeleton removed from its place of burial - a potentially costly cummulative fault on a cemetery site.
No doubt a prosecution would help to clarify the situation ... and I can think of at least one person who might have another person in mind as a suitable candidate for sacrificial lamb ...
Peter Wardle suggested above that we consider "what are the defences against prosecution for example, how far are the offences de minimus or would a prosecution be in the public interest".
In my understanding, an offense under Section 25 of the 1857 Act (if offense there be) would involve strict personal liability of the particular archaeologist who 'removed the remains from their place of burial'; there is no defense, certainly not that you were instructed to act by employer, client or landowner - or, indeed, following advice from the IFA, EH, the MoJ or even a solicitor. I repeat, there is no defense should it be found by a court that an offense has been committed. The penalty is currently defined as follows: "on summary conviction [i.e. without a jury] before any two (magistrates), forfeit and pay for every such offence a sum not exceeding (level 1 on the standard scale)". I believe level 1 is currently £200, not a particularly daunting penalty in itself but remember the criminal record. Note the phrase "every such offence", which would imply (in contrast to the 'multiple' authority which was usually involved in the issue of a licence in the past) that a fine would be levied for every full or partial skeleton removed from its place of burial - a potentially costly cummulative fault on a cemetery site.
No doubt a prosecution would help to clarify the situation ... and I can think of at least one person who might have another person in mind as a suitable candidate for sacrificial lamb ...