Moved by
Lord Sharkey
99: After Clause 28, insert the following new Clause—
“Disregarding certain convictions for buggery etc: making an application on behalf of another person
(1) In section 92 of the Protection of Freedoms Act 2012 (power of Secretary of State to disregard convictions or cautions), after subsection (1) insert—
“(1A) A person may make an application under subsection (1) on behalf of another person if that other person is deceased and if the following conditions are satisfied—
(a) the applicant can show direct descent from the deceased person or from the parents of the deceased person;
(b) the applicant can provide proof of the death of the person for whom the application is being made; and
(c) the conviction for which the application is made is recorded in Police Central Records or the applicant can supply documentary evidence to satisfy the Secretary of State that the offence for which the deceased person was convicted or cautioned was not non-consensual, did not involve persons under the then age of consent and did not take place in a public lavatory or other proscribed public place and was not otherwise a criminal offence.”
(2) In section 93 of that Act (applications to the Secretary of State)—
(a) in subsection (2)(a), at the end insert “or if applying on behalf of a deceased person, the name and dates of birth and death of that person”;
(b) in subsection (2)(b), at the end insert “or if applying on behalf of a deceased person, the name and address of that person at the time of the conviction or caution”.”