Gay women who have been convicted of offences linked to same-sex activity will for the first time be able to apply to have their convictions wiped. From Tuesday anyone who has been either cautioned or convicted for abolished offences involving same-sex activity will be able to apply for them to be cleared from their records.
In what is being described by the Home Office as "a significant step forward in addressing the wrongs of the past", the government’s disregards and pardons scheme has been significantly widened from today. Up until now, only men have been able to apply to have convictions wiped under a specified list of offences.
However, as of today anyone – including, for the first time, women - will be able to apply if they have been convicted or cautioned under any repealed or abolished offences relating to same-sex activity.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, Sarah Dines 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"I am proud that from today the scheme has been significantly widened to include more repealed offences.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, Johnny Mercer 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.
