355. The following is a summary ‘of our Recommendations : —

(a) Homosexual Offences

We recommend:-

(i) That homosexual behaviour between consenting adults in private be no longer a criminal offence (paragraph 62).

(ii) That questions relating to “ consent” and “in private” be decided by the same criteria as apply in the case of heterosexual acts between adults (paragraphs 63, 64).

(iii) That the age of “ adulthood ” for the purposes of the. proposed change

in the law be fixed at twenty-one (paragraph 71).

*(iv) That no proceedings be taken in respect of any homosexual act (other than an indecent assault) committed in private by a person under twenty-one, except by the Director of Public Prosecutions or with the sanction of the Attorney-General (paragraph 72).

(v) That the law relating to living on the earnings of prostitution be applied to the earnings of male, as well as female, prostitution (paragraph 76).

(vi) That the law be amended, if necessary, so as to make it explicit that the term “brothel” includes premises used for homosexual practices (paragraph 76).

(vii) That there be introduced revised maximum penalties in respect of buggery, gross indecency and indecent assaults (paragraphs 90, 91).

*(viii) That buggery be re-classified as a misdemeanour (paragraph 94).

(ix) That except for some grave reason, proceedings be not instituted in respect of homosexual offences incidentally revealed in the course of investigating allegations of blackmail (paragraph 112).

*(x) That Section 29 (3) of the Larceny Act, 1916, be extended so as to apply to all homosexual offences (paragraph 113).

*(xi) That the offence of gross indecency between male persons be made triable summarily with the consent of the accused (paragraph 114).

*(xii) That male persons charged with importuning for immoral purposes be entitled to claim trial by jury (paragraph 123).

(xiii) That except for indecent assaults, the prosecution of any homosexual offence more than twelve months old be barred by statute (paragraph 135).

(xiv) That subject to any necessary special safeguards, managers and headmasters of approved schools be allowed the same measure of discretion in dealing with homosexual behaviour between inmates as that enjoyed by those responsible for the management of any other educational establishment (Paragraph 147).

(xv) That the organisation, establishment and conditions of service of the Prison medical service be reviewed (paragraph 180).

* These Recommendations have application only in relation to England and Wales.

(xvi) That a court by which a person under twenty-one is found guilty of a homosexual offence be required to obtain and consider a psychiatric report before passing sentence (paragraph 187).

(xvii) That prisoners desirous of having oestrogen treatment be permitted to do so if the prison medical officer considers that this would be beneficial (paragraph 211).

(xviii) That research be instituted into the aetiology of homosexuality and the effects of various forms of treatment (paragraph 216).