Source · Select Committees · Women and Equalities Committee
Recommendation 21
21
Accepted in Part
Perpetrators of non-consensual intimate image abuse retain content-bearing devices post-conviction.
Conclusion
Cases have been drawn to our attention where, at the end of the criminal justice process, perpetrators have had the devices containing the NCII content returned to them—even in cases where the perpetrator has been 55 served with a restraining order. It is needless for us to say how harrowing that must be for the victims of these crimes. It is staggering that the criminal justice system has allowed this to occur. The measures in the Crime and Policing Bill to make clear that perpetrators found guilty of the new offence of taking NCII can be deprived of that content are very welcome. However, they may not address concerns that people found guilty of sharing that content are not being deprived of the material. (Conclusion, Paragraph 109)
Government Response Summary
The government partially accepts the implied recommendation to address perpetrators retaining NCII content. It confirms the Ministry of Justice already collects and will continue to review data on deprivation orders in NCII cases, and notes the CPS has updated guidance to prosecutors and the Sentencing Council is reviewing its guidance on ancillary orders.
Government Response
Accepted in Part
HM Government
Accepted in Part
Partial acceptance The Government accepts this recommendation in relation to deprivation order data collection, however, the Government cannot comment on the recommendation insofar as it relates to the CPS and Sentencing Council, which are both independent bodies. The Ministry of Justice already collects data on the use of deprivation orders, including in NCII cases. We will continue to review the data on the use of deprivation orders in the context of NCII. We are aware that the CPS has recently updated their guidance to prosecutors, prompting them to make better use of deprivation orders in cases of intimate image abuse in recognition that the law can go further. Current Sentencing Guidelines, produced by the independent Sentencing Council, include information for judges on the orders which they can impose, including deprivation orders. Judges are required to follow any guidelines which are relevant to a case, unless it is in the interests of justice not to do so. The Council is currently reviewing their guidance on ancillary orders to improve the consistency, accessibility and presentation of the current information and to provide more detailed guidance for both magistrates’ courts and the Crown Court.