Bolton 7
Encyclopedia
The Bolton 7 were a group of gay
and bisexual men who were convicted on 12 January 1998 before Judge Michael Lever at Bolton
Crown Court of the offences of gross indecency under the Sexual Offences Act 1956
and of age of consent
offences under the Criminal Justice and Public Order Act 1994
. Although gay sex was partially decriminalised by the Sexual Offences Act 1967
, they were all convicted under section 13 of the 1956 Act because more than two men had sex together, which was still illegal. One of the participants (Craig Turner) was also six months under the statutory age of consent
for gay sex which was 18 at the time. Under the provisions of the 1967 Act, the age of consent
for gay sex was different from that of the heterosexual age of consent
of 16, and had only been reduced from 21 to 18 by the Criminal Justice and Public Order Act 1994
. Equivalent heterosexual behaviour was not a crime.
The offences only came to light after police seized videos of the men having sex, which they had filmed for their own personal use. All the men were either lovers, ex-boyfriends, or friends of friends.
During sentencing
on 20 February 1998 Gary Abdie, David Godfrey, Mark Love and Jonathan Moore (all of whom were in their early 20s), and Craig Turner (17 at the time of the offences but 18 when he appeared in court) were given probation
and community service
orders. The Judge gave Norman Williams a two-year suspended prison sentence
and Terry Connell received a nine-month suspended sentence and was ordered to pay £500 towards the cost of the prosecution. Moore (20), Williams (33) and Connell (55) were also required to sign the Sex Offenders Register for the age of consent
offences committed with Turner. Estimates of the overall cost of the prosecution were in the region of £500,000.
Despite their convictions, none of them received custodial sentences possibly as a result of a high profile campaign led by gay human rights
group OutRage!
. Over 400 letters were presented to the court in support of the men including those from MPs, Bishops and human rights
groups. The letters urged the judge not to impose a custodial sentence, with one group, Amnesty International
, pledging to declare the men prisoners of conscience should they be imprisoned.
In 2000, six of the men appealed to the European Court of Human Rights
arguing that the prosecutions against them had violated their rights under the European Convention on Human Rights
by interfering with 'the right to respect for a private family life' enshrined in article 8 of the Convention. They were subsequently awarded compensation. As Williams was not part of the litigation, he was not deemed eligible by the Home Office for the compensation.
Legislation subsequently introduced by the Labour
Government has broadly equalised the treatment of homosexual and heterosexual behaviours in criminal law. The Sexual Offences (Amendment) Act 2000
equalised the age of consent
for gay sex with that of the heterosexual age of consent
which is now 16 for both. The Sexual Offences Act 2003
, though subject to some controversy, introduced an overhaul in the way sexual offences are dealt with by the police and courts, replacing provisions that date as far back to the 1956 legislation. The offences of gross indecency and buggery
have been repealed and sexual activity between more than two men is no longer a crime in the United Kingdom
.
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
and bisexual men who were convicted on 12 January 1998 before Judge Michael Lever at Bolton
Bolton
Bolton is a town in Greater Manchester, in the North West of England. Close to the West Pennine Moors, it is north west of the city of Manchester. Bolton is surrounded by several smaller towns and villages which together form the Metropolitan Borough of Bolton, of which Bolton is the...
Crown Court of the offences of gross indecency under the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...
and of age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
offences under the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
. Although gay sex was partially decriminalised by the Sexual Offences Act 1967
Sexual Offences Act 1967
The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom . It decriminalised homosexual acts in private between two men, both of whom had to have attained the age of 21. The Act applied only to England and Wales and did not cover the Merchant Navy or the Armed Forces...
, they were all convicted under section 13 of the 1956 Act because more than two men had sex together, which was still illegal. One of the participants (Craig Turner) was also six months under the statutory age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for gay sex which was 18 at the time. Under the provisions of the 1967 Act, the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for gay sex was different from that of the heterosexual age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
of 16, and had only been reduced from 21 to 18 by the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
. Equivalent heterosexual behaviour was not a crime.
The offences only came to light after police seized videos of the men having sex, which they had filmed for their own personal use. All the men were either lovers, ex-boyfriends, or friends of friends.
During sentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
on 20 February 1998 Gary Abdie, David Godfrey, Mark Love and Jonathan Moore (all of whom were in their early 20s), and Craig Turner (17 at the time of the offences but 18 when he appeared in court) were given probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
and community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
orders. The Judge gave Norman Williams a two-year suspended prison sentence
Suspended sentence
A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation...
and Terry Connell received a nine-month suspended sentence and was ordered to pay £500 towards the cost of the prosecution. Moore (20), Williams (33) and Connell (55) were also required to sign the Sex Offenders Register for the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
offences committed with Turner. Estimates of the overall cost of the prosecution were in the region of £500,000.
Despite their convictions, none of them received custodial sentences possibly as a result of a high profile campaign led by gay human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
group OutRage!
OutRage!
OutRage! is a British LGBT rights group that was formed to fight for equal rights of lesbian, gay, and bisexual people in comparison to heterosexual people. It is a group which has at times been criticised for outing individuals who wanted to keep their homosexuality secret and for being...
. Over 400 letters were presented to the court in support of the men including those from MPs, Bishops and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups. The letters urged the judge not to impose a custodial sentence, with one group, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, pledging to declare the men prisoners of conscience should they be imprisoned.
In 2000, six of the men appealed to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
arguing that the prosecutions against them had violated their rights under the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
by interfering with 'the right to respect for a private family life' enshrined in article 8 of the Convention. They were subsequently awarded compensation. As Williams was not part of the litigation, he was not deemed eligible by the Home Office for the compensation.
Legislation subsequently introduced by the Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
Government has broadly equalised the treatment of homosexual and heterosexual behaviours in criminal law. The Sexual Offences (Amendment) Act 2000
Sexual Offences (Amendment) Act 2000
The Sexual Offences Act 2000 is an Act of the Parliament of the United Kingdom. It changed the age of consent for male homosexual sexual activities from 18 to that for heterosexual and lesbian sexual activities at 16, or 17 in Northern Ireland...
equalised the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for gay sex with that of the heterosexual age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
which is now 16 for both. The Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...
, though subject to some controversy, introduced an overhaul in the way sexual offences are dealt with by the police and courts, replacing provisions that date as far back to the 1956 legislation. The offences of gross indecency and buggery
Buggery
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...
have been repealed and sexual activity between more than two men is no longer a crime in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.