More people who were unjustly criminalised for gay sex in the
past will be able to have their convictions wiped from their
records, the Home Office has announced.
In a significant step forward in addressing the wrongs of the
past, the government’s disregards and pardons scheme has been
significantly widened from today (13 June).
Up until now, only men have been able to apply to have
convictions wiped under a specified list of offences. These
largely focused on offences of buggery and gross indecency
between men.
As of today anyone – including, for the first time, women - will
be able to applyif they have been
convicted or cautioned under any repealed or abolished offences
relating to same-sex activity.
This could include, for example, offences such as ‘solicitation
by men’ which may have sometimes been used in the past to
criminalise behaviour between gay men which, if it had been
conducted between a man and a woman, would have been seen as no
more than “chatting up”.
A wider range of service offences will also now be in scope
enabling more veterans to benefit. In the past, members of the
Armed Forces were prosecuted for their sexuality under service
law. This extension will enable more veterans to have those
convictions erased from the record.
Under the scheme, people who were unjustly criminalised will
receive a pardon. Convictions will be deleted from official
records and individuals will not be required to disclose them
during court proceedings or when applying for jobs.
Minister for Safeguarding, said:
The appalling criminalisation of homosexuality is a shameful and
yet not so distant part of our history.
Although they can never be undone, the disregards and pardons
scheme has gone some way to right the wrongs of the past.
I am proud that from today the scheme has been significantly
widened to include more repealed offences.
I invite all of those who were convicted or cautioned for
same-sex sexual activity under an abolished offence to come
forward and apply.
Since 2012, men have been able to apply to have their convictions
or cautions for consensual sex with another man disregarded.
Through the Police, Crime, Sentencing and Courts Act 2022, the
government has taken action to widen the offences – both civilian
and service offences - covered by the scheme. For the first time,
women will also be able to apply.
A ‘disregard’ will be granted if certain conditions are met,
including that any other party involved must have been aged 16 or
over and the sexual activity does not constitute an offence
today.
Minister for Veterans’ Affairs, said:
The treatment of LGBT Armed Forces personnel and veterans prior
to 2000 was wholly unacceptable, and today’s announcement is a
clear demonstration of progress in righting these wrongs.
I will continue working to ensure government meets its commitment
to value and recognise every veteran’s service and experience.
Service offences which are now in scope of the scheme include
those repealed by the Armed Forces Act 2006, such as sections 64
(scandalous conduct) and 66 (disgraceful conduct) of the Air
Force and Army Acts 1955, and the corresponding sections 36 and
27 of the Naval Discipline Act 1957.
Craig Jones MBE, Executive Chair and Caroline Paige, Chief
Executive of Fighting With Pride said:
This extension to the disregards and pardons scheme and its
inclusion of female veterans is welcome and another small step in
the right direction.
We will continue to work very closely with the Ministry of
Defence and other government departments to ensure the vulnerable
veterans in this cohort get all the support available to them.
Rob Cookson, Deputy Chief Executive of the LGBT Foundation said:
People should never be criminalised simply for who they are and
who they love.
The criminalisation of gay men made a huge, terrible impact on
many people in our community. It is only right that the
disregards and pardons scheme has been widened.
Individuals will be able to apply to the scheme using
an application form.
