Alan Turing law

Alan Turing law. The measure, formally enacted in the United Kingdom, provides a posthumous pardon to men who were historically convicted under now-abolished laws criminalizing homosexual acts. It is named in honor of Alan Turing, the pioneering mathematician and computer scientist who was convicted of gross indecency in 1952. The law represents a significant act of state apology and symbolic justice for those affected by historical persecution based on sexual orientation.

Background and context

The legal context for this legislation stems from historical statutes like the Labouchere Amendment to the Criminal Law Amendment Act 1885, which criminalized "gross indecency" between men. For decades, figures such as Oscar Wilde were prosecuted under these laws, with convictions carrying severe penalties including imprisonment. The Wolfenden Report of 1957 recommended decriminalization, a change partially realized with the Sexual Offences Act 1967 in England and Wales. However, this reform did not apply retrospectively, leaving convictions on the records of thousands of men, including prominent individuals like Alan Turing, whose work at Bletchley Park was crucial to Allied efforts in World War II. Campaigns by groups like Stonewall and the advocacy of figures such as John Leech kept the issue in the public eye, arguing that a historical wrong required formal redress.

Provisions of the law

The primary provision automatically grants a pardon to deceased individuals who were convicted of certain historical sexual offences that are no longer crimes. These offences typically encompass those under the repealed Offences against the Person Act 1861 and the aforementioned Sexual Offences Act 1967. The law applies to convictions for consensual homosexual acts that would not be unlawful today. It does not apply to living individuals, who were provided a separate mechanism through the Protection of Freedoms Act 2012, which allowed for the disregarding and deletion of such convictions. The legislation is specific to England and Wales, with similar but separate provisions later considered in Scotland and Northern Ireland.

Legislative history

The campaign for a pardon gained significant momentum following a 2009 public apology by then-Prime Minister Gordon Brown for the treatment of Alan Turing. A private member's bill, often called the Alan Turing Bill, was introduced in the House of Lords by Lord John Sharkey. Following the 2013 posthumous pardon for Turing alone under the Royal Prerogative of Mercy, pressure mounted for a broader law. The measure was ultimately brought forward by the government of Theresa May and was enacted as part of the Policing and Crime Act 2017, receiving Royal Assent in January of that year. Its passage through Parliament saw cross-party support.

Impact and pardons

The law resulted in the automatic posthumous pardon of an estimated 50,000 to 65,000 men across England and Wales. It symbolically cleared the names of individuals whose lives and careers were often devastated by convictions, offering a form of state recognition of past injustice. The legislation is distinct from the "disregard" process established by the Protection of Freedoms Act 2012, which allows living individuals to apply to have their convictions erased from official records. Notable recipients of the posthumous pardon include figures like Roger Casement, the Irish nationalist, and potentially thousands of ordinary citizens.

Public and political reaction

Reaction was largely positive, with support from major political parties, LGBTQ+ advocacy groups like Stonewall, and high-profile public figures. However, some critics, including human rights activist Peter Tatchell, argued that a pardon was insufficient, as it implied the forgiven had committed a wrong, instead advocating for an expungement or apology. Some families of convicted men also expressed mixed feelings, noting that the pardon could not undo the personal suffering caused. The legislation was widely covered in media outlets like The Guardian and BBC News, framing it as a historic step towards reconciliation.

Legacy and related legislation

The law established a significant precedent for addressing historical injustices against the LGBTQ+ community. It influenced subsequent legislative efforts, including the 2018 announcement of similar provisions for Scotland under the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018. In 2022, the Northern Ireland Assembly also moved to enact comparable legislation. The story of Alan Turing and the law named for him has been popularized in works like the film The Imitation Game, further cementing its place in public consciousness as a landmark in the journey towards equality following the decriminalization efforts begun with the Sexual Offences Act 1967. Category:2017 in British law Category:LGBTQ+ rights in the United Kingdom Category:British legislation