An upright headstone erected over two sets of cremated remains interred close to a single-storey extension to the church had twice been used as a stepping stone by thieves in their efforts to steal roofing materials. In the most recent theft, the memorial had been knocked over. The vicar and churchwardens, with the support of the deceased's family, petitioned for the exhumation of the cremated remains and their relocation, together with the memorial, to another part of the churchyard. The chancellor recognised immediately that the memorial could not be re-erected in its original location given the risk of further thefts. He considered whether the memorial could be laid flat or could be relocated without disturbing the remains, but concluded that such steps were unsatisfactory solutions to the problem. The chancellor relied upon the decision of Re St Nicholas, Sevenoaks [2005] 1 WLR 1011, holding that public benefit could be a circumstance justifying exhumation. In this case the exhumation was to be seen as for public benefit rather than for private purposes. When the extension had been built in 2004 the risk of lead theft from church roofs had not been as severe, but now there was a real need to reduce the risk of lead theft. The exhumation could be seen as a delayed consequence of the building of the extension and was justified on the grounds of public benefit. [RA]
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