Pardons to gay men convicted under old laws will be automatic
PARDONS will be automatically issued to gay and bisexual men convicted under “discriminatory” sex laws.
The Scottish Government said the move, which will also see the convictions wiped from police databases, would “right a wrong”.
Consensual sex between men was only decriminalised in Scotland in 1980 and the age of consent for same-sex sexual activity was not equalised for sexual activity between men and women until 2001.
Under the plans, those found guilty or cautioned under the laws will be pardoned, while Justice Secretary Michael Matheson said he would consider making a formal apology to those convicted on behalf of the state.
Announcing the move at Holyrood, he said: “There are people with criminal convictions for same-sex sexual activity that is now lawful and we must right this wrong.
“We will introduce an automatic formal pardon for those convicted under these discriminatory laws so they know they are absolved fully.”
The move comes just days after similar legislation was scuppered at Westminster. Last week, the UK Government announced its plans for thousands of gay and bisexual men convicted of out-of-date offences to be posthumously pardoned, but a Bill brought forward by SNP MP John Nicolson had called on ministers to go further and grant an automatic pardon for the living as well. It was blocked by Government ministers.
It has become known as the Turing Bill after Second World War codebreaker Alan Turing, who was given a posthumous royal pardon in 2013 over a conviction in 1952 for gross indecency with a man.
Tim Hopkins, director of the Equality Network, said: “Men in Scotland were arrested, prosecuted and sent to prison for up to a year for no more than consensual private sex with another man. The old offences of sodomy and gross indecency were grossly homophobic and destroyed men’s lives.
“We welcome the Scottish Government’s announcement that all men convicted of these crimes that are no longer crimes today will receive an automatic pardon.”