Source · Select Committees · Women and Equalities Committee
Recommendation 22
22
Accepted in Part
Increase courts' use of deprivation orders to prevent perpetrators retaining intimate images.
Recommendation
The Sentencing Council must take steps to increase awareness of the ability of the courts to ensure that those charged with NCII offences forfeit all right to continued possession of that material, including both the physical removal of devices on which that material may be stored and deletion of any content stored remotely. In response to this report, the Crown Prosecution Service should also set out what action it will take to stop perpetrators of NCII abuse from retaining that content. The Government should collect data on the use of deprivation orders in NCII cases so that it can satisfy itself and others that the criminal justice system is taking seriously the impact on victims of perpetrators retaining the control of the harmful content. (Recommendation, Paragraph 110)
Government Response Summary
The government partially accepts, committing to continue reviewing data on deprivation orders in NCII cases, which it already collects. However, it cannot comment on the recommendations for the independent CPS and Sentencing Council, though it notes their updated guidance and ongoing review.
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.