Jail Sentences of Funeral Directors Referred to Court of Appeal
The prison sentences of two funeral directors, Richard Elkin, 49, and Hayley Bell, 42, who were jailed after storing bodies in unrefrigerated conditions, have been referred to the Court of Appeal amid concerns that their sentences were unduly lenient.
In February, Elkin and Bell received four-year prison terms following their conviction for keeping 46 bodies in unsuitable conditions at their funeral parlour located in Gosport, Hampshire. The charges against them included causing a public nuisance, preventing the lawful burial of a body, and engaging in fraudulent trading through their business, Elkin and Bell Funerals.
Referral to Court of Appeal
Solicitor General Ellie Reeves confirmed that the case will be reviewed by the Court of Appeal after Gosport Member of Parliament Dame Caroline Dinenage raised concerns on behalf of affected families.
In a letter addressed to the Conservative MP, Reeves stated:
"I share your concerns about the sentence imposed, which I have now reviewed.
Under the ULS (Unduly Lenient Sentence) scheme, I can only properly refer a case to the Court of Appeal if I consider that the sentence appears not just lenient, but unduly lenient.
After careful consideration I have decided to refer this case to the Court of Appeal as it appears to me that this test is met."
Following this announcement, Dame Caroline posted on Facebook:
"The families impacted by this case believe that the original sentence was unduly lenient and I look forward to the outcome of the case."
Impact on Families and Statements to Court
During the trial, statements from 13 family members of the deceased who were in the care of Elkin and Bell were read to the court. Some expressed that the uncertainty regarding how their loved ones were treated after death would continue to haunt them indefinitely.
One such family member, Corrinne Boulton from Portsmouth, who was friends with Bell, trusted Elkin and Bell to care for her son Albie. Albie was born prematurely at 21 weeks in June 2023 and lived for only 11 minutes.
Boulton expressed her feelings about the sentence review:
"I was delighted and thrilled that the pair's sentence will be reviewed.
What they did to us and our loved ones was calculated, insidious and they continued on knowing full well they were breaking moral code, moral standards and mistreating people, while falsely presenting themselves as kind and compassionate to the deceased."
"I hope their sentences are at least doubled to match the emotional harm and damage they have caused."
Regulation of Funeral Industry
Currently, Scotland has a statutory code of conduct for funeral directors; however, in England, Wales, and Northern Ireland, the funeral industry remains unregulated in terms of standards of care.
Earlier in the month, Health Secretary Wes Streeting announced that the Department of Health and Social Care will take the lead in regulating the funeral industry, signaling potential changes to oversight and standards.
