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Historical Sexual Offences Pardon Act 2013
The Historical Sexual Offences Pardon Act of 2013
An Act to make provision for the pardoning and disregarding of convictions for historical and specific sexual offences now abolished; and for connected purposes.
BE IT ENACTED, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) “Relevant Offence” or “Historical Offence” means offences under amended or repealed legislation pertaining to homosexual acts provided that in any such offenses the other person involved in the conduct which constituted the offense both:
(a) Consented to it;
(b) Was aged 16 or over, and which are not offenses on the day in which this Act becomes law.
(1) Each such person convicted or cautioned for a relevant offence is to be taken to be pardoned in respect to the relevant offence or offences for which that person was convicted or cautioned as long as it falls under the following offences and conditions:
(a) Section 12 (buggery), Section 13 (gross indecency between men) and Section 32 (solicitation by men) of the Sexual Offences Act 1956 (buggery);
(b) Section 61 (corresponding to earlier offences) of the Offences against the Person Act 1861;
(c) Section 11 (also corresponding to earlier offences) of the Criminal Law Amendment Act 1885;
(d) Which fulfills the conditions set under Section 1.1.a and 1.1.b;
(2) Each such person convicted or cautioned for a relevant offence who has died before this section comes into force is pardoned for the offence long as it falls under Section 2.1.a, 2.1.b, 2.1.c and fulfills 2.1.d.
(3) The Secretary of State may by regulation add or amend the conditions set under Section 2.1. The power to make such regulations shall be exercisable by statutory instrument and shall not made unless said instrument has been approved by a resolution of each House of Parliament.
(1) Nothing in this Act affects any right of Her Majesty to grant a free pardon, quash any conviction or sentence, or commute any sentence.
(2) Nothing in this Act shall be interpreted as a pardon, a disregard or any other effect on cautions, convictions or sentences over behavior which is unlawful on the date the Act comes into force.
(3) This Act does not replace, reduce or affect the right of any person to apply to the Secretary of State under Section 92 of the Protection of Freedoms Act 2012 regarding a conviction or caution for a relevant offence.
4. Short title, commencement and extent
(1) This Act may be cited as the Historical Sexual Offenses Pardon Act of 2013.
(2) This Act comes into force on the day on which it is passed.
(3) This Act extends to England and Wales.