Historic convictions for gay sex ‘crimes’ to be expunged

The Home Secretary is set to announce that any conviction that was imposed on someone purely owing to consensual homosexual activity under now-abolished laws, will be included in a scheme aimed at "Righting the wrongs of the past".

Priti Patel is seeking to expand the Government's Disregards and Pardons scheme from a narrow set of laws and said more people would have convictions for same-sex sexual activity wiped from their records.

Only nine former offences are currently included on a specified list which the Home Office said "Largely focused on the repealed offences of buggery and gross indecency between men". If someone had been convicted of a crime under these now scrapped laws, they can apply to have it disregarded – wiped from their criminal record and not be required to be disclosed. An amendment to the Police, Crime, Sentencing and Courts Bill will broaden the criteria to include any repealed or abolished civilian or military offence that was imposed on someone purely for - or due to - consensual same-sex sexual activity. All those whose cautions and convictions are disregarded under the scheme will also receive an automatic pardon, and anyone who has died before the changes came into place – or up to 12 months afterwards – will be posthumously pardoned.

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

Earlier this year, Tory peer Lord Lexden said it was "An affront to gay people" that the scheme had not been extended. In November, non-affiliated peer Lord Cashman said: "The Disregard and Pardon schemes in England and Wales are significantly flawed because they encompass only a small fraction of the laws that, over the decades and centuries, have immiserated the lives of gay and bisexual people."

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." She also thanked peers Lord Cashman and Lord Lexden for raising the issue.

The Johnson Partnership

Derby Crime Solicitors