Commentary on provisions of Act Section 19: Posthumous pardons in relation to certain abolished service offences
Section 19 amends section 164 of the Policing and Crime Act 2017 ("PCA 2017") to extend posthumous pardons for very old, abolished service offences. Section 164 provides for posthumous pardons for those convicted of, or cautioned for, certain specified abolished sexual offences with the effect that if anyone was convicted of or cautioned for such an abolished offence (and has since died) they may be pardoned for that offence if specified conditions are met. The conditions are that: (a) the other person involved in the conduct that constituted the offence consented to it and was aged 16 or over; and (b) the offence would not still be an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory): see section 164(2) of the PCA 2017.
	Prior to the AFA 2021 section 164 (insofar as it relates to the armed forces) referred only to historical (here meaning pre-1881) service offences of men who served in the Navy but not in respect of those who served in the Army or the Royal Marines (when ashore).
	Section 19(2), (3) and (4) amends subsections (5) and (8) of section 164 of PCA 2017 and adds a new subsection (10). These changes mean section 164 of that Act also refers to historical service offences under:
Section 41 of the Army Discipline and Regulation Act 1879;
Article 2 of Section 20 of the Articles of War of 1749 (offences triable by courts martial outside Great Britain);
Article 93 of Section 2 of the Articles of War of 1876 (offences not specified in Marine Mutiny Act or Articles of War);
any provision corresponding to those specified articles, contained in other Articles of War made under the Mutiny Act 1878, the Marine Mutiny Act 1878 or any Act previously in force corresponding to either of those Acts.