Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018

Document Number:2018 asp 14
 
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The Bill for this Act of the Scottish Parliament was passed by the Parliament on 6 th June 2018 and received Royal Assent on 11 th July 2018

An Act of the Scottish Parliament to pardon persons convicted of certain historical sexual offences and to provide a process for convictions for those offences to be disregarded.

Part 1 Introductory

1 Purpose of this Act

The purpose of this Act is to acknowledge the wrongfulness and discriminatory effect of past convictions for certain historical sexual offences by—

(a) pardoning persons who have been convicted of those offences, and

(b) providing for a process for convictions for those offences to be disregarded.

2 Historical sexual offence: definition

(1) In this Act, “historical sexual offence” means—

(a) an offence under section 13(5)(a) or (c) , (6) or (9) of the Criminal Law (Consolidation) (Scotland) Act 1995 ,

(b) an offence under section 80(7)(a) , (c) or (d) , (9) or (12) of the Criminal Justice (Scotland) Act 1980 ,

(c) an offence under section 7 of the Sexual Offences (Scotland) Act 1976 ,

(d) an offence under section 11 of the Criminal Law Amendment Act 1885 ,

(e) the common law offence of sodomy,

(f) the common law offence of shameless indecency, in so far as that offence covered sexual activity between men,

(g) any other offence which falls within subsection (2) ,

(h) an offence of attempting, inciting or conspiring to commit any of the offences mentioned in paragraphs (a) to (g).

(2) An offence falls within this subsection if the offence—

(a) regulated, or was used in practice to regulate, sexual activity between men, 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(i) has been repealed or, in the case of an offence at common law, abolished, or

(ii) has not been repealed or abolished but once covered sexual activity between men of a type which, or in circumstances which, would not amount to the offence on the day on which section 3 comes into force.

(3) Where an offence of the type described in subsection (2)(b)(ii) covers or once covered activity other than sexual activity between men, the offence falls with subsection (2) only to the extent that it once covered sexual activity between men.

(4) In this section, “sexual activity between men” includes—

(a) any physical or affectionate activity between males of any age 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.

Part 2 Pardons for certain historical sexual offences

3 Pardons for certain historical sexual offences

A person who has been convicted of a historical sexual offence is pardoned for the offence if the conduct constituting the offence, if occurring in the same circumstances, would not be an offence on the day on which this section comes into force.

4 Pardons: supplementary

A pardon under section 3 does not—

(a) affect any conviction or sentence, or

(b) give rise to any right, entitlement or liability.

Part 3 Disregarding certain convictions for historical sexual offences

5 Application to have conviction for historical sexual offence disregarded

(1) A person who has been convicted of a historical sexual offence may apply to the Scottish Ministers for the conviction to be disregarded.

(2) An application made under subsection (1) must be in writing and must include—

(a) the applicant’s name, address and date of birth,

(b) in so far as known to the applicant, the applicant’s name and address at the time of the conviction,

(c) in so far as known to the applicant, the time when and place where the conviction took place and the relevant case number,

(d) in so far as known to the applicant, the nature and circumstances of the offence and the sentence imposed,

(e) any other information which the Scottish Ministers may require.

(3) An application made under subsection (1) may also include any other information which the applicant wishes the Scottish Ministers to consider when determining the application.

6 Application for disregard: further information

(1) The Scottish Ministers may request any person to make representations, or to provide further...

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