Consideration of Criminal Records for Previous Convictions under Section 377A of Penal Code Given Repeal of Section
Ministry of Home AffairsSpeakers
Summary
This question concerns how criminal records for consensual, private, homosexual acts under the repealed section 377A of the Penal Code can be rendered spent, as raised by Mr Louis Ng Kok Kwang. Minister for Home Affairs Mr K Shanmugam stated that convictions are automatically spent after five years of being crime-free, provided the sentence did not exceed three months' imprisonment or a $2,000 fine. For records not automatically spent, individuals can apply to the Commissioner of Police, who will assess the facts, including whether the acts were private and between consenting adults. Applicants are directed to check their status on the police website or submit a formal request via email with their personal particulars and reasons for consideration. The Minister emphasized that the Commissioner will have regard to the specific circumstances of each case when deciding whether to treat a section 377A record as spent.
Transcript
8 Mr Louis Ng Kok Kwang asked the Minister for Home Affairs what is the outcome of the Ministry's consideration of how criminal records of those previously convicted under section 377A of the Penal Code for consensual, private, homosexual acts between adults can be rendered spent now that section 377A has been repealed.
Mr K Shanmugam: In November 2022, Parliament repealed section 377A of the Penal Code 1871, which criminalised sexual activities between males.
Under the Registration of Criminals Act 1949, or RCA, section 377A is a registrable offence. This means that a person who was convicted of this offence will have a criminal record, unless it is rendered spent.
A person's conviction is automatically rendered spent after five years of being crime-free, unless the individual is disqualified under certain conditions as prescribed in RCA, such as if the sentence imposed exceeds three months' imprisonment or a $2,000 fine. If the person's conviction record cannot be automatically rendered spent, he can make an application to the Commissioner of Police to have his records treated as spent.
Individuals who had previously been convicted under section 377A can access https://eservices.police.gov.sg/content/policehubhome/homepage/enquiry.html to check whether their records have been rendered spent. Those whose records under section 377A have not been rendered spent, may apply to the Commissioner of Police to have their records treated as spent. In considering the application, the Commissioner will have regard to the facts of the case, including whether it was a private activity and whether it was between consenting adults.
Individuals who wish to make an application to the Commissioner of Police to have their section 377A convictions rendered spent, should submit their application via email to SPF_Spent_Application@spf.gov.sg, with the following details: (a) personal particulars; (b) contact information; and (c) reasons for consideration to treat the section 377A conviction record as spent.
Questions may be directed to: SPF_Spent_Application@spf.gov.sg.