The offences covered are set out in section 2 of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 , and are listed at the bottom of this page.
You can still apply for a disregard if you were convicted of any other offence, such as breach of the peace, or a local authority byelaw, which regulated, or was used in practice to regulate, sexual activity between men that would not be a criminal offence today.
Examples of the type of behaviour a person may have been criminalised for include any physical or affectionate behaviour between men of any age which is typical of an intimate personal relationship, ranging from kissing or holding hands to sexual intercourse.
It also includes behaviour that is intended to initiate or lead to sexual relations, for example chatting up another man.
Applications relating to any other convictions will not be accepted. However, if you do not know what offence you were convicted of, you can still apply and we will seek to identify what offence you received a conviction for.
For a conviction to be disregarded, the conduct involved must not be a criminal offence today.
The word 'conviction' means any finding in criminal proceedings that a person has committed an offence, and includes alternatives to prosecution such as a warning by the police or procurator fiscal or a conditional offer of a fixed penalty.
The following offences are covered by the process:
- an offence under section 13(5)(a) or (c), (6) or (9) of the Criminal Law (Consolidation) (Scotland) Act 1995
- an offence under section 80(7)(a), (c) or (d), (9) or (12) of the Criminal Justice (Scotland) Act 1980
- an offence under section 7 of the Sexual Offences (Scotland) Act 1976
- an offence under section 11 of the Criminal Law Amendment Act 1885
- the common law offence of sodomy
- the common law offence of shameless indecency, in so far as that offence covered sexual activity between men
- an offence of attempting, inciting or conspiring to commit any of the above offences
Tel: 0300 244 4000 (criminal law and practice team)
Criminal law and practice team
St Andrews House