Moved by
Lord Cashman
266: After Clause 170, insert the following new Clause—
“Disregards and pardons for convictions etc. of certain offences
(1) The Protection of Freedoms Act 2012 is amended as follows.
(2) In section 92 (power of Secretary of State to disregard convictions or cautions)—
(a) in subsection (1)(b), omit “or”,
(b) in subsection (1)(c), at the end insert “or”,
(c) after subsection (1)(c), insert—
“(d) any other offence which falls within subsection (1A),”,
(d) after subsection (1), insert—
“(1A) An offence falls within this subsection if the offence—
(a) regulated, or was used in practice to regulate, sexual activity between persons of the same sex, and
(b) either—
(i) has been repealed or, in the case of an offence at common law, abolished, or
(ii) has not been repealed or abolished but once covered sexual activity between persons of the same sex of a type which, or in circumstances which, would not amount to the offence on the day on which this subsection comes into force.
(1B) Where an offence of the type described in subsection (1A) covers or once covered activity other than sexual activity between persons of the same sex, the offence falls within subsection (1A) only to the extent that it once covered sexual activity between persons of the same sex.
(1C) In this section, “sexual activity between persons of the same sex” includes—
(a) any physical or affectionate activity between persons of the same sex which is of a type which is characteristic of persons involved in an intimate personal relationship,
(b) conduct intended to introduce or procure such activity.”,
(e) in subsection (3)(a), before the words “the other person” insert “in respect of an offence mentioned in subsection (1)(a)-(c)”,
(f) in subsection (3)(b), substitute the full stop with “, or”,
(g) after subsection (3)(b), insert—
“(c) in respect of an offence that falls within subsection (1A) the conduct constituting the offence, if occurring in the same circumstances, would not be an offence on the day on which this subsection comes into force.””
Member’s explanatory statement
The purpose of this new Clause is to extend the current disregard and pardon schemes in England and Wales to enable individuals who were convicted of or cautioned for offences because of engaging in same-sex sexual acts, of a kind that would be lawful today, to apply to have a conviction or caution disregarded and, if successful, be pardoned.