Past criminal records for 377A can now be rendered spent because of repeal: MHA
The criminal records of those who were previously convicted under Section 377A of the Penal Code may now be rendered spent following the repeal.
Section 377A, which criminalised sexual activities between males, was repealed by Parliament in November 2022. Prior to this, these were registrable offences, and those convicted were given a criminal record.
The conviction would automatically be rendered spent after five years if the person remained crime-free during the period, unless the individual was disqualified under certain conditions, such as if the sentence exceeded three months’ jail or a $2,000 fine. This means the person would no longer have a criminal record for the offence.
But past convictions under Section 377A for consensual, private, homosexual acts between adults may now be rendered spent by application as well.
In 2022, the Ministry of Home Affairs (MHA) said there were 17 living people convicted between 1988 and 2007 over consensual, private, homosexual acts between adults. This was out of more than 250 living people who were convicted under Section 377A in the same period.
Mr Louis Ng (Nee Soon GRC) had asked Minister for Home Affairs K. Shanmugam about the criminal records of those convicted under Section 377A following the repeal.
In a written reply on Jan 9, MHA said that if a person’s conviction record cannot be automatically rendered spent, he can make an application to the Commissioner of Police to have his record treated as spent.
Those previously convicted under Section 377A may visit the police e-services website to check on their records.
MHA said that in considering the applications, the commissioner will look at the facts of the case, including whether it was a private activity and whether it was between consenting adults.
Those who wish to apply to have their 377A convictions rendered spent should submit their application via e-mail to SPF_Spent_Application@spf.gov.sg with their personal particulars, contact information and reasons for consideration.
Prime Minister Lee Hsien Loong had announced the repeal of Section 377A at the National Day Rally in August 2022.
He had also announced then an amendment to the Constitution to protect the definition of marriage – as that between a man and a woman – from being challenged in the courts.
Parliament had intensely debated the repeal and changes to the Constitution for 10 hours over two days in November 2022.
Ninety-three MPs voted in favour of repealing Section 377A, with Workers’ Party (WP) MPs Gerald Giam (Aljunied GRC) and Dennis Tan (Hougang), and Nominated MP Hoon Hian Teck being the only three to vote against the repeal.
Eighty-five MPs voted in favour of the related amendments to the Constitution, while Progress Singapore Party Non-Constituency MPs Hazel Poa and Leong Mun Wai voted against the move, and WP MPs Sylvia Lim (Aljunied GRC) and He Ting Ru (Sengkang GRC) abstained.
Nominated MPs are not allowed to vote on constitutional amendments.
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