Overview

This bill aims to pardon individuals with past convictions or cautions for certain now-abolished sexual offences, provided the acts involved were consensual between adults at the time they were committed. It also amends existing legislation to allow for applications on behalf of deceased individuals.

Description

The Sexual Offences (Pardons Etc.) Bill focuses on pardoning individuals convicted or cautioned under outdated laws. Specifically, it addresses convictions for:

• Buggery (Section 12, Sexual Offences Act 1956)
• Gross indecency between men (Section 13, Sexual Offences Act 1956)
• Solicitation by men (Section 32, Sexual Offences Act 1956)
• Corresponding earlier offences under the Offences against the Person Act 1861 and the Criminal Law Amendment Act 1885.

A pardon will only be granted if:

• The other person involved consented.
• The other person was 16 or older.
• The act would not be a crime under current law.

The Secretary of State retains the power to amend these conditions through regulations. Importantly, the bill doesn't affect existing sentences, create new rights or liabilities, or impact the prerogative of mercy. It also allows for applications to be made on behalf of deceased individuals who would have qualified under the bill's criteria.

The bill amends the Protection of Freedoms Act 2012 to include these offences within the scope of applications for disregarding convictions or cautions. It also clarifies procedures for applications made on behalf of deceased individuals.

Government Spending

The bill's impact on government spending is not explicitly stated within the provided text and would likely be minimal, relating mainly to administrative costs associated with processing pardon applications.

Groups Affected

• Individuals with past convictions/cautions: Those convicted or cautioned for the specified offences may receive pardons, potentially clearing their records.
• Relatives of deceased individuals: Relatives can now apply for pardons on behalf of deceased individuals who would have been eligible.
• The Secretary of State: This government department will be responsible for processing applications and may have increased administrative workload.

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