Alan Turing law
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The "Alan Turing law" is an informal term for the
law in the United Kingdom The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English and Welsh law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law (as a result of ...
, contained in the
Policing and Crime Act 2017 The Policing and Crime Act 2017 (c. 3) is an act of the Parliament of the United Kingdom. It received royal assent on 31 January 2017. Synopsis The act enacts various changes to existing rules involving PCCs, complaints through the IPCC, amendm ...
, which serves as an
amnesty law An Amnesty law is any legislative, constitutional or executive arrangement that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for the crimes that they committed. More speci ...
to
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
men who were cautioned or convicted under historical legislation that outlawed homosexual acts. The provision is named after
Alan Turing Alan Mathison Turing (; 23 June 1912 – 7 June 1954) was an English mathematician, computer scientist, logician, cryptanalyst, philosopher, and theoretical biologist. Turing was highly influential in the development of theoretical ...
, the
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
codebreaker and computing pioneer, who was convicted of
gross indecency Gross indecency is a crime in some parts of the English-speaking world, originally used to criminalize sexual activity between men that fell short of sodomy, which required penetration. The term was first used in British law in a statute of the B ...
in 1952. Turing received a royal pardon posthumously in 2013. The law applies in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
. Several proposals had been put forward for an Alan Turing law, and introducing such a law has been government policy since 2015. To implement the pardon, the British Government announced on 20 October 2016 that it would support an amendment to the Policing and Crime Act that would provide a posthumous pardon, also providing an automatic formal pardon for living people who had had such offences removed from their record. A rival bill to implement the Alan Turing law, in
second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
at the time of the government announcement, was
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
ed. The bill received
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on 31 January 2017, and the pardon was implemented that same day. The law provides pardons only for men convicted of acts that are no longer offences; those convicted under the same laws of offences that were still crimes on the date the law went into effect, such as
cottaging Cottaging is a gay slang term, originating from the United Kingdom, referring to anonymous sex between men in a public lavatory (a "cottage", "tea-room"Andre "tearoom; t-room ''noun'' a public toilet. From an era when a great deal of homosexua ...
,
underage sex The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
, or rape, were not pardoned. Manchester Withington MP John Leech, often described as 'the architect' of the Alan Turing Law, led a high-profile campaign to pardon Turing and submitted several bills to parliament, leading to the eventual posthumous pardon.


Background

All homosexual acts between men were illegal until the passing of the
Sexual Offences Act 1967 The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom (citation 1967 c. 60). It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained t ...
in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, the Criminal Justice Act 1980 in Scotland, and the Homosexual Offences Order 1982 in Northern Ireland. As the three regions are separate jurisdictions, and many elements of criminal law are devolved matters in the United Kingdom, the British Government by convention, only legislated a pardon for England and Wales.
Alan Turing Alan Mathison Turing (; 23 June 1912 – 7 June 1954) was an English mathematician, computer scientist, logician, cryptanalyst, philosopher, and theoretical biologist. Turing was highly influential in the development of theoretical ...
, after whom the proposed law has been informally named, was a
mathematician A mathematician is someone who uses an extensive knowledge of mathematics in their work, typically to solve mathematical problems. Mathematicians are concerned with numbers, data, quantity, structure, space, models, and change. History On ...
, codebreaker and founding father of
computer science Computer science is the study of computation, automation, and information. Computer science spans theoretical disciplines (such as algorithms, theory of computation, information theory, and automation) to Applied science, practical discipli ...
who died in 1954 in suspicious circumstances, following his conviction for
gross indecency Gross indecency is a crime in some parts of the English-speaking world, originally used to criminalize sexual activity between men that fell short of sodomy, which required penetration. The term was first used in British law in a statute of the B ...
in 1952. A campaign to pardon Turing was led by former Manchester Withington MP John Leech, who called it 'utterly disgusting and ultimately just embarrassing' that the conviction was upheld as long as it was. Turing himself was pardoned posthumously through the
royal prerogative of mercy In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prer ...
under
David Cameron David William Donald Cameron (born 9 October 1966) is a British former politician who served as Prime Minister of the United Kingdom from 2010 to 2016 and Leader of the Conservative Party from 2005 to 2016. He previously served as Leader o ...
in 2013, but contrary to the requests of some campaigners including Leech, the
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and the activist and journalist
Peter Tatchell Peter Gary Tatchell (born 25 January 1952) is a British human rights campaigner, originally from Australia, best known for his work with LGBT social movements. Tatchell was selected as the Labour Party's parliamentary candidate for Bermondsey ...
, his pardon was not immediately followed by pardons for anyone else convicted. Leech submitted several motions and campaigned for half a decade as an MP for a more general pardon and continued to do so after losing his seat in the 2015 general election.


Proposals

The
Protection of Freedoms Act 2012 The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesd ...
proposed by David Cameron introduced the disregard procedure, under which men with an offence of "gross indecency between men" on their
criminal record A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
could petition to have these offences disregarded during criminal record checks by courts and employers, but fell short of an actual pardon. While in opposition, the Labour Party under
Ed Miliband Edward Samuel "Ed" Miliband (born 24 December 1969) is a British politician serving as Shadow Secretary of State for Climate Change and Net Zero since 2021. He has been the Member of Parliament (MP) for Doncaster North since 2005. Miliba ...
announced that it would introduce an Alan Turing law if elected at the 2015 general election. The Conservative Party under Cameron subsequently announced the same policy. When
Theresa May Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
became Prime Minister following the resignation of David Cameron, she also announced that her government would support the Alan Turing law.


Rival bills

In June 2016,
John Nicolson John MacKenzie Nicolson (born 23 June 1961) is a Scottish journalist, broadcaster and Scottish National Party (SNP) politician. Since the 2019 general election he has been the SNP Member of Parliament (MP) for Ochil and South Perthshire. He w ...
MP introduced a
Private Member's Bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...
, the Sexual Offences (Pardons Etc.) Bill 2016–17, intended to implement the proposal. In October 2016, the
Conservative government Conservative or Tory government may refer to: Canada In Canadian politics, a Conservative government may refer to the following governments administered by the Conservative Party of Canada or one of its historical predecessors: * 1st Canadian Min ...
announced that, instead of supporting the Private Member's Bill's original proposal for a blanket pardon for all, it would enact the proposed changes through an amendment to the forthcoming Policing and Crime Bill 2016. This amendment would provide a posthumous pardon for the dead, make it easier for living individuals to clear their names, and also provide an automatic formal pardon for living people who had had such offences removed from their record through the disregard process. When Nicolson's bill was debated in Parliament on 21 October 2016, it was successfully
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
ed by Conservative MP Sam Gyimah and failed to proceed. The Policing and Crime Bill amendment passed, and received royal assent on 31 January 2017. The two differed in the process for dealing with cases where the conviction was for an act that would still be considered an offence under current law. Both attempted to exclude these, but Nicolson's bill provided an automatic pardon while the government bill required the petitioner to go through the "disregard process" first. This would mean that the Home Office will investigate each case involving living people to ensure that the act that the petitioner was convicted of is no longer considered a criminal act, to avoid pardoning men convicted of
underage sex The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
or rape. More controversially, this means that it would also not pardon men who were arrested in
public toilets A public toilet, restroom, public bathroom or washroom is a room or small building with toilets (or urinals) and sinks for use by the general public. The facilities are available to customers, travelers, employees of a business, school pupils ...
, as they would today be guilty of the offence of " sexual activity in a public lavatory". The government claimed that without this check, men who were convicted of such an offence would be able to claim that they had been pardoned. Nicolson disagreed and, backed by the LGBT campaign group Stonewall, said that the government was attempting to "hijack" the law by announcing the amendment just prior to the
second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
of his Private Member's Bill, and said that his bill already excluded cases where the offence was still considered a crime. The Nicholson bill would not have been able to clear criminal records of men who still carried convictions. This would still have to be done through the disregard process, leading to possible cases in which it would not be clear whether or not a pardon had been granted, described by James Chalmers, Regius Professor of Law at the
University of Glasgow , image = UofG Coat of Arms.png , image_size = 150px , caption = Coat of arms Flag , latin_name = Universitas Glasguensis , motto = la, Via, Veritas, Vita , ...
, as a " Schrödinger's pardon".


Reaction

The announcement was broadly welcomed, but some quarters said it did not go far enough. The campaigner George Montague said that he would refuse a pardon, as a pardon suggested that he was guilty of a crime, and instead asked for a government apology. Matt Houlbrook, Professor of Cultural History at the
University of Birmingham , mottoeng = Through efforts to heights , established = 1825 – Birmingham School of Medicine and Surgery1836 – Birmingham Royal School of Medicine and Surgery1843 – Queen's College1875 – Mason Science College1898 – Mason Univers ...
, said that the announcement was of both "symbolic and practical importance" to
gay men Gay men are male homosexuals. Some bisexual and homoromantic men may also dually identify as gay, and a number of young gay men also identify as queer. Historically, gay men have been referred to by a number of different terms, includin ...
still living with the offences on their criminal record, but noted that using Alan Turing as a figurehead retroactively gave him an identity as a "gay martyr" that he never sought in life. James Chalmers, Regius Professor of Law at the University of Glasgow, noted that the disregard process had already provided an effective pardon, and neither implementation of the Alan Turing law would be able to pardon people who had committed acts that, although technically still criminal, are not usually prosecuted (such as sex between a 16-year-old and a 15-year-old or sex in certain public places). As the law and the disregard process applies only to England and Wales, groups in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
and
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
campaigned for equivalent laws in their jurisdictions. The Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 brought in a similar 'disregard' system in Scotland in 2019. , some 49,000 men had been posthumously pardoned under the terms of the Policing and Crime Act 2017.


See also

* Pardon of victims of Paragraph 175 (Germany) *
Timeline of LGBT history in the United Kingdom Celtic Britain *The Iron Age (600 BC to 50 AD) – Celtic Britain commenced around the time of the Iron Age. In Celtic society male homosexuality was permissible and acceptable between free adult men. However, these homosexual activitie ...


References

{{LGBT in the United Kingdom 2016 in British law 2016 in British politics Alan Turing Amnesty laws LGBT history in the United Kingdom LGBT law in the United Kingdom Pardon legislation