Part 9: Miscellaneous and General Pardons for certain abolished offences etc Section 164: Posthumous pardons for convictions etc of certain abolished offences: England and Wales
Subsection (1) automatically confers a posthumous pardon on any person who died before the section comes into force and who was convicted of, or cautioned for, a specified offence, where certain conditions are met. Subsection (2) sets out those conditions, namely that the relevant conduct was consensual and involved another person aged 16 or over (the current age of consent) and that conduct would not constitute an offence of sexual activity in a public lavatory under section 71 of the Sexual Offences Act 2003.
	Subsections (3) and (4) set out the offences eligible for a pardon, namely those in sections 12 (buggery) and 13 (gross indecency between men) of the Sexual Offences Act 1956 and similar historical offences, including those applicable to the armed services.
	Subsection (6) provides for the interpretation of the condition for a posthumous pardon in subsection (2)(b). Subsection (7) applies definitions used in Chapter 4 of Part 5 of the 2012 Act.