The Crown Prosecutor’s Office is planning to update its guidance on “revenge porn” crimes to ensure that explicit photos of the victim are no longer allowed to be retained.
observer reported last month that the Magistrates’ Court did not order the removal of content related to Image-based abuse cases, and prosecutors did not request such action.
An examination of court records revealed that out of 98 cases, only three resulted in deprivation orders requiring offenders to surrender their devices and delete private photos and videos.
In one case, a man was accused by a magistrate of engaging in “deeply disturbing” behavior to emotionally intimidate the victim. Despite receiving a suspended sentence, no order was issued to have him surrender his device for deletion, leaving the police without the legal authority to do so.
These findings prompted outcry from activists, demanding immediate action and stating that the failure to act left victims “living in fear.” The CPS acknowledged the need for more action to prevent these images from being used to perpetrate further crimes.
The prosecutor’s guidance on communication crimes is currently being revised. The new guidelines, released this week, urge prosecutors to utilize deprivation orders more effectively and consistently.
Prosecutors are advised to consider implementing the order early in their case strategies to strip offenders of their devices promptly and foster a more uniform approach to device confiscation from suspects from the outset.
Campaigners welcomed the change as a positive step forward.
Elena Michael from the campaign group #notyourporn commended the guidance as a helpful step but emphasized the need for further actions to be taken.
She highlighted additional areas for improvement, such as addressing issues related to evidence collection and advocating for a more comprehensive investigation process.
Furthermore, she urged clarity on whether the guidance would extend to hard drives, cloud storage, and physical devices in addition to mobile phones.
Law professor Claire McGlyn praised the updated guidance as a positive development and a step towards progress, emphasizing the importance of addressing image-based sexual abuse cases more effectively.
The Judgment Council, responsible for issuing guidance to judges and magistrates, stated that they are monitoring the government’s new intimate image law proposal and will consider necessary adjustments to guidelines once it is enacted.
Source: www.theguardian.com
