Disregarding Historical Sexual Convictions
The Sexual Offences and Obscene Publications Act (SOOP) 2021 provides for the automatic pardon of individuals convicted of offences related to historical homosexual offences.
If you have been convicted of a historical sexual offence you are automatically pardoned for the offence if the conduct constituting the offence, if occurring in the same circumstances, would not be an offence today. You do not need to take any further action.
The Act also allows for applications to be made to the Department to disregard applicable convictions.
What Disregard means
Any conviction, caution, warning or reprimand that has been 'disregarded' should in all circumstances be considered as never having happened. This means it won't appear on your criminal record or in any criminal record checks.
The relevant offence must have been committed and been sentenced/cautioned by the Isle of Man Courts or Isle of Man Constabulary. If a person wishes to apply to have convictions disregarded from outside the Isle of Man, they should apply to the relevant government authority of that jurisdiction.
How to apply for a Disregard
The Department of Home Affairs (DHA) has produced guidance and an application form for use by anyone seeking to make an application to the Department of Home Affairs to have one or more of their historical sexual convictions for certain repealed offences formally disregarded, as provided for under Part 11 of the Pardons and Disregards, Sexual Offences and Obscene Publications Act 2021.
If you wish to have historical sexual offences disregarded, you may apply to the Department of Home Affairs to do so. There is no charge for this. Applications made on behalf of a third party or deceased person cannot be accepted.
In the event of queries, or if you require help or support with your application, please email Disregard@gov.im or alternatively telephone +44 1624 694314.
The guidance document available on the downloadable documents section on the right of this page provides further information but in summary:
- Individual makes a Disregard application to DHA
- Application form and ID submitted to DHA
- Application sent to the Isle of Man Constabulary, Information Management Unit
- Information gathered from Isle of Man Constabulary records (up to 12 weeks)
- Information sent to DHA to review evidence and background (up to 12 weeks)
- Decision made to APPROVE
- Disregard Notice issued
- Applicant and Isle of Man Constabulary notified
- Disregard Notice actioned and relevant information removed from records
- Decision made to REJECT
- Letter notifying the applicant
- Within 30 days applicant can make a request to appeal to DHA
- High Bailiff considers appeal on paperwork
- Decision notified
Please send completed Application Forms, along with copies of your identity credentials and address verification and other supporting materials or documentation to:
Private & Confidential Disregard
Department of Home Affairs
Isle of Man
Alternatively, send by email to: Disregard@gov.im