194 Disregard of certain convictions or cautions
Police, Crime, Sentencing and Courts Act 2022 (2022 c 32) | Legislation

Part 12 Disregards and Pardons for Certain Historical Offences

194  Disregard of certain convictions or cautions

(1)     The Protection of Freedoms Act 2012 is amended in accordance with subsections (2) to (10).

(2)     Section 92 (power of Secretary of State to disregard convictions or cautions) is amended in accordance with subsections (3) to (5).

(3)     In subsection (1) for the words from “under” to the end of paragraph (c) substitute “in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex”.

(4)     In subsection (3)—

(a)     in paragraph (a)—

(i)     for the first “the” substitute “any”,

(ii)     for “conduct constituting the offence consented to it and” substitute “sexual activity”, and

(iii)     omit the second “and”, and

(b)     for paragraph (b) substitute—

“(b)     the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it has been re-enacted or replaced), and

(c)     the sexual activity would not, if occurring in the same circumstances at the point of decision, constitute an offence.”

(5)     After subsection (6) insert—

“(7)     In this section “sexual activity” includes—

(a)     any physical or affectionate activity which is

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