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Non-consensual intimate images set to be seized from abusers to protect welfare of victims

|News, Sexual offences

OFFENDERS who share intimate images without consent could expect to forfeit those devices as guidance for prosecutors is updated. 

Changes have been made to Communications Offences guidance prompting prosecutors to make better use of deprivation orders in cases where intimate images have been taken or shared without the victim’s consent.  

The update asks prosecutors to promote the courts’ powers to deprive offenders of their devices. 

The orders seek to better help protect victims from being re-victimised or traumatised by their abuser regaining access to the images after a prosecution. 

Kate Brown, Crown Prosecution Lead for Domestic Abuse, said: “Victims who have had intimate images taken or shared without their consent should not have to face the prospect of those images being handed back to their abuser. 

"We want people who commit these horrific crimes to feel the full extent of the law by removing their ability to continue to take gratification from this material.  

"The use of deprivation orders can help make sure the full extent of their offending is reflected in the charges and sentence imposed by the court. 

“The Crown Prosecution Service will continue to prosecute non-consensual intimate image abuse and support victims throughout.” 

Courts already have the power to deprive convicted offenders of non-consensual intimate images and videos. The new guidance reminds prosecutors of the importance of asking the court to exercise its powers to stop perpetrators retaining devices containing intimate images. 

The update has been made to the Communication Offences prosecution guidance with the aim of making sure prosecutors consider the use of deprivation orders early on in their case strategy, so the full extent of the offending is reflected in the charges and sentence imposed by the court. 

Notes to editors

  • Section 153 of the Sentencing Act 2020 gives courts the power to deprive offenders of non-consensual intimate material without an application from the prosecution. But the prosecution can and should assist the court where the facts in a case warrant such an order.
  • For indecent images of children, which are illegal to possess, the court can order for the phone or device to be destroyed.
  • Read more on our updated communication offences prosecution guidance on the CPS website.  

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