The Crown Prosecution Service is to update its guidance on so-called “revenge porn” crimes to stop perpetrators being allowed to keep explicit photos of their victims.
The Observer revealed last month that magistrates courts were routinely failing to make orders for the deletion of content linked to intimate-image abuse cases – and that prosecutors were failing to request them.
An analysis of court records found that, of 98 cases, just three resulted in a deprivation order requiring the offender to give up their devices and delete private photos and videos.
In one case, a man was rebuked by magistrates for “deeply disturbing” behaviour “designed to emotionally blackmail” his victim. He was given a suspended sentence but no deprivation order, leaving the police with no legal power to retain and wipe his devices.
The findings provoked a backlash from campaigners, who called for urgent action and said the failings were leaving victims “living in fear” that images could be re-shared. The CPS admitted that more must be done to “stop perpetrators retaining these images and continuing to take gratification from their crimes”.
It has now made changes to its guidance for prosecutors on communications offences. The new guidance, to be published this week, will urge them to make better use of deprivation orders to ensure they are routinely asking courts to impose them.
Prosecutors will be told to consider use of the orders from early on in their case strategy. It is hoped the changes will lead to more offenders being stripped of their devices post-conviction, as well as a more consistent approach to the process of confiscating devices from suspects in the first place.
The changes were welcomed by campaigners, who said they were a “step in the right direction”.
Elena Michael, from the campaign group #NotYourPorn, said the guidance would be helpful provided it was “extensive and thorough”, but that there was “so much more to do”.
She called for better investigation processes and a “more comprehensive piece of work” to look at other issues preventing justice for victims, such as a failure to confiscate phones during cases.
More clarity was also needed on whether the guidance would also extend to hard drives and cloud storage as well as physical devices, she added.
Law professor Clare McGlynn said the new guidance was a “very welcome development” that represented “progress”. “It also remains the case that, while very welcome, and shining a light on this very important issue, this will help only a few women and girls who secure a conviction,” she said. “There remain far too few cases getting through investigations and prosecutions. The CPS therefore still has a lot of work to do to improve its performance in relation to image-based sexual abuse.”
The Sentencing Council, which publishes guidance for judges and magistrates, said it was monitoring the government’s plans for new intimate-image legislation and would look at “what new guidelines or changes are required” when that came into force.
