Policy background Disregards and Pardons
The Disregards Scheme (‘the Scheme’) was established in 2012 to address the historical wrongs that were suffered by individuals who were convicted of, or cautioned for, certain now-repealed offences which in the past criminalised homosexual activity. The Scheme enables those people to apply to the Home Secretary to have their convictions or cautions disregarded, provided that certain conditions are met. If a disregard is granted, the applicant is treated in all circumstances as if the offence had never occurred and it is not disclosed for any purpose (such as in court proceedings or on criminal record certificates).
	As of November 2021 , 198 convictions had been disregarded in this way.
	In 2017, automatic pardons were introduced for those who obtained a disregard and posthumous pardons were introduced for those who had died before the provisions came into force.
	The Government recognised that the Scheme, as introduced in 2012, was too narrowly focused, since only convictions or cautions for a list of named offences could be disregarded. The Government recognised that other now repealed and abolished offences were also used to convict or caution people for engaging in, or attempting to engage in, same-sex sexual activity.
	Part 12 extends the Scheme to enable individuals who have been convicted or cautioned of same-sex sexual activity under any now repealed or abolished offences, including service offences, to apply to the Secretary of State to have those convictions or cautions disregarded, provided that certain conditions are met.
	The conditions are intended to ensure that convictions are not disregarded for activity that is still unlawful today. For this reason the extended Scheme does not enable the disregarding of any behaviour that would still amount to an offence today, such as where any other party involved in the activity is under 16.
	Under section 195, the provisions in relation to pardons are extended in parallel. Anyone who is granted a disregard under the extended Scheme will also be automatically pardoned.
	Anyone who dies before the provisions become law, or before 12 months has elapsed after they become law, is posthumously pardoned, provided that they meet the same conditions as are required for someone to be granted a disregard.
	In addition, where an offence is repealed or abolished after the provisions come into force, that repealed or abolished offence will fall within the scope of the Scheme. Anyone convicted or cautioned for the offence, who died prior to the repeal or abolishment, or before 12 months has elapsed after the repeal or abolishment, is posthumously pardoned if they meet the conditions.