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“Righting the wrongs of the past”: all gay sex convictions imposed under repealed laws to be pardoned

Graham Robson January 4, 2022

A pardons scheme aimed at “righting the wrongs of the past” will be extended to any conviction imposed purely due to consensual homosexual activity under now-abolished laws, the home secretary Priti Patel is set to announce.

Ms Patel is seeking to expand the government’s Disregards and Pardons scheme from a narrow set of laws.

Just nine former offences are currently included on a list the Home Office said “largely focused on the repealed offences of buggery and gross indecency between men”.

Priti Patel

Anyone convicted of a crime under the now-repealed laws can apply to have it wiped from their criminal record. They would then not be required to disclose it.

An amendment to the Police, Crime, Sentencing and Courts Bill will broaden the criteria to include any repealed or abolished civilian or military offence that was imposed on someone purely due to consensual same-sex sexual activity.

All those whose cautions and convictions are disregarded under the scheme will also receive an automatic pardon. Anyone who has died before the changes came into place, or up to 12 months afterwards, will be posthumously pardoned.

Code-breaker Alan Turing was given a posthumous royal pardon in 2013

Ms Patel said: “It is only right that where offences have been abolished, convictions for consensual activity between same-sex partners should be disregarded too.

 

“I hope that expanding the pardons and disregards scheme will go some way to righting the wrongs of the past and to reassuring members of the LGBT community that Britain is one of the safest places in the world to call home.”

The Home Office said conditions would still need to be met in order for a disregard and pardon to be granted, including that anyone else involved must have been aged 16 and over and the sexual activity must not constitute an offence today.

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