'Child prostitution' convictions to be expunged
New measures in Crime and Policing Bill will disregard and pardon unjust 'child prostitution' convictions and cautions received before the law changed in 2015.
Victims of child exploitation and abuse will finally get long-overdue justice, as the government today (4 November) tabled amendments to the Crime and Policing Bill to disregard and pardon ‘child prostitution’ convictions.
The new amendments acknowledge the appalling injustice faced by victims of child sexual exploitation, who instead of being supported as victims, were criminalised for actions that occurred under duress, fear and coercion. In many such cases, the true criminals — the adults who exploited them — escaped prosecution, while the victims were left with the stain of permanent criminal records.
Under the new provisions, people who were convicted or cautioned as children for loitering and soliciting for prostitution offences will automatically have these convictions or cautions disregarded and pardoned.
This means that any criminal records for these offences will be expunged, removing the lasting psychological burden, social stigma and barriers to employment and other freedoms these historic convictions have caused. It is expected the disregard and pardon scheme will benefit hundreds of people.
Today’s action responds directly to one of the recommendations in the Baroness Casey review of grooming gangs, published in June. The government accepted all 12 recommendations in Baroness Casey’s report and is moving at pace to implement them.
Minister for Safeguarding and Violence Against Women and Girls, Jess Phillips said:
These amendments send a clear message: we will not allow failures of the past to define the futures of those who were let down by the system in so many ways.
Victims and survivors of child sexual exploitation deserve nothing but compassion and support, not a criminal record. Today, we are taking decisive action to put that right.
The disregard and pardon scheme will apply to individuals convicted for on-street prostitution offences when they were under 18, before the concept of child prostitution was abolished from the legislation in 2015. Once the Crime and Policing Bill receives royal assent and the provisions commence, the scheme will apply automatically. Victims and survivors will not need to make a request.
Gabrielle Shaw, Chief Executive of the National Association of People Abused in Childhood (NAPAC) said:
NAPAC welcomes this step towards restoring justice for survivors of childhood abuse. No child should ever be criminalised for being a victim of abuse or exploitation and we sincerely hope that the pardoning of these unjust convictions will provide a sense of validation for those who are affected.
Our own research, drawn from over 46,000 interactions with victims, tells us that both recognition of the abuse and being believed are integral to how survivors themselves define a positive justice outcome. The decision to disregard and pardon these convictions is a significant step towards building a justice system that can offer better, more survivor-centred outcomes.
With today’s reforms, the government is ensuring that victims and survivors of horrific child sexual exploitation are no longer haunted by convictions that should never have been on their records in the first place.
Updates to this page
-
Link to bill collection page added.
-
First published.