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Ask the custody officer to contact a solicitor for you, and make sure that the time of this request is noted. Medical attention should automatically be provided if you’re injured or appear ill, but you can ask for a doctor under any circumstances.
Since the introduction of the Serious and Organised Crime Act 2001, a police officer no longer needs to warn a person to arrest them under section 5 Public Order.
If you’re prosecuted under Section 5, or a local bye-law, you may not get trial by jury or legal aid. All the offences mentioned above are consensual offences, sometimes called victimless crimes.
Men using cruising areas are often offered a caution by the Police, rather than being prosecuted. Your employer may find out if you’re charged with one of the offences mentioned above.
If you’re cautioned, and the Police intend to tell your employer, they must let you know this before you give informed consent to the caution. If a Police Officer behaves wrongly or treats you badly, you can make an official complaint.
If the incident (such as queer-bashing or robbery) takes place in the Northumbria Police or Cleveland Constabulary areas, you can report it as part of their Hate Crimes Monitoring Schemes. Insults often precede a physical attack; keep specially alert if people start shouting at you. In the NORTHUMBRIA and CLEVELAND Police Force Areas, you can ask to see a Lesbian, Gay or Bisexual Community Liaison Officer.
The Protection of Freedoms Act, which will enable men to wipe the records of thousands of convictions for consensual gay sex under now-repealed laws, has received Royal Assent. An estimated 16,000 convictions could now be eligible for removal from police records along with malicious convictions for “loitering with intent”. The amendments were first announced following a question submitted by a PinkNews reader in a Question and Answer session with Prime Minister David Cameron ahead of the 2010 General Election which saw him take office.
Men may now apply to the Secretary of State to disregard convictions under section 12 of the Sexual Offences Act 1956, the offence of buggery, under section 13 of that Act, covering gross indecency between men and under section 61 of the Offences against the Person Act 1861, which governed “the abominable Crime of Buggery, committed either with Mankind or with any Animal”, as long as those involved were over the age of 16 and the action would not now be regarded as an offence. In 1994, the age of consent for gay men was reduced from 21 to 18, and in 2000, it was reduced further to 16, equalising with the age of consent for straight people. However, the change in that law was not retroactive, so there also remained a number of people required to disclose a criminal record for a sexual offence, despite the action that they took part in having subsequently become legal.
Convictions needed to be disclosed when applying for certain jobs and for volunteering in hospitals or with children as they had to be listed on a person’s Criminal Records Bureau certificate.
Mr Cameron had written on PinkNews in April 2010: “We will change the law so that any past convictions for consensual homosexual sexual activities, which have since become lawful, will be treated as spent, and will not be disclosed on a criminal record check when applying for a job.


Ben Summerskill, Chief Executive of Stonewall, which gave evidence to the Public Bill Committee considering the Protection of Freedoms Bill, said today: “Victorian morality has absolutely no place in 21st-century Britain. A new law in Britain to allow ‘gay offenders’ to wipe clean their police record for sex crimes which are no longer illegal has not been as popular as hoped. The Home Office will, from 1 October, begin the process of correcting an anomaly in the criminal records system which has for decades seen gay men unfairly stigmatised. Anyone with a historic conviction, caution, warning or reprimand for consensual gay sex, that meets the conditions laid down in the new Protection of Freedoms Act, will be encouraged to come forward and apply to have these records deleted or disregarded.
A new service, funded by the Government Equality Office, called the Equality Advisory and Support Service (EASS), will begin operation on 1st October 2012. The new service replaces the helpline run by the Equality and Human Rights Commission’s, which has operated in Scotland, Wales and England for some time and will cease to function from the end of September.
The new service is directed towards people who think they may have experienced discrimination and will not be available to employers, service providers or educators.
Local groups and organisations are encouraged to refer in cases of discrimination to the EASS.
The service will, additionally, work with both the Equality and Human Rights Commission and devolved institutions to identify cases with a strategic interest and refer them to these bodies for consideration.
Wherever a case is referred in, local organisations and the EASS are expected to exchange outcomes on the conclusion of a case with the referring organisation (subject, of course, to the consent of the individual concerned).
Local groups and organisations are and encouraged to refer clients that need further advice and support on discrimination and human rights issues than they are able to provide, to the EASS. The EASS will not be advertised to the general public so please do broadcast this news to your advice worker colleagues, but not to the general public. Check that the reason and the exact time of your detention are recorded on your custody sheet. Importuning or soliciting basically mean that any type of sexual invitation from a man to another man can be considered a crime.
Many accept this because they’re afraid of going to court, and want to get things over and done with quickly. There’s a difference between an informal caution (which is verbal, and no record is kept of the incident) and a formal caution.
This usually happens through press publicity, via the Police, or because of a statutory obligation to tell the employer. There’s much prejudice and misunderstanding about gay sex offences, especially when terms such as gross indecency are used. You can do this by writing an account of what happened and sending it to the Chief Constable, or you can go to any Police Station and ask to make a complaint.
You can get the names of Liaison Officers from MESMAC, on this page or ask at any Police Station front desk.
They will be delighted by this important new law, which will help many men look forward to a brighter future.


Only 40 ‘gay sex offenders’ in Britain have had their past convictions wiped clean from the Police National Database, despite 50,000 thought to be eligible. The service aims to support individuals referred from local organisations, advisory groups, faith based organisations and other groups working within the community that support people experiencing discrimination.
The EASS will work with both individuals and organisations in order to seek resolutions for those who have a protected characteristic and who have experienced discrimination.
This will support, through anonymised management information, GEO and colleagues in Wales and Scotland to understand which issues are periodically and geographically trending. Please note that for work-related discrimination problems the new service will help those clients who need more help and support than it is appropriate for Acas advisory services to provide. Law Centres Federation, Voiceability, and the RAD Deaf Law Centre are providing support services to the new service.
On the street they can only search your outer clothing, such as coats, jackets, and trouser pockets. Many people will make a completely illogical link between gay sex in public and the likelihood that men convicted for such activities are going to be paedophiles. Somebody else can complain on your behalf, so long as you give them a letter agreeing that they can do so.
If you don’t want the Police to know your name, you can report the incident anonymously by calling MESMAC.
Many had their lives ruined, including serving prison sentences, losing their jobs and suffering rejection by their families.
The scheme, introduced under new laws, was supposed to remove gay and bisexual people from the database where their ‘sex offences’ would no longer be considered a crime. It will also mean the referring organisations can show the outcomes they have contributed to.
However, under the law that is sufficient, because the Police only need to prove the likelihood that others would be caused offence. But it has proved less popular and successful than advocates anticipated in the first six months.
The Protection of Freedoms Act 2012, passed in May 2012, contained provisions for the government to disregard – in effect to treat as though they had never happened and to remove from all official records – convictions for four offences, these were: Section 12 of the Sexual Offences Act 1956 (buggery), Section 13 of that Act (gross indecency between men), Section 61 of the Offences against the Person Act 1861, Section 11 of the Criminal Law Amendment Act 1885. Other related offences, such as the Vagrancy Act, and legislation specific to the armed forces), were also included. Advocates for this legislation argued that such acts would not be in any way unlawful today – and that to continue to exclude individuals from some jobs on the basis of such convictions was an affront to their human dignity.



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