Section 102 Image deletion ordersI1

The Sentencing Code is amended as follows.

In Part 7 (financial orders and orders relating to property), after Chapter 4 insert—

“Chapter 4A

Image deletion orders

Image deletion orders

161ZA

(1)

In this code “image deletion order” means an order under this Chapter which—

(a)

is made in respect of an offender for an offence,

(b)

relates to a photograph or film which is in the offender’s possession or under their control, and

(c)

requires the offender to take steps specified in the order to ensure, so far as is reasonably practicable, that the photograph or film is put beyond use.

(2)

For the purposes of subsection (1)(c), a photograph or film is put beyond use if—

(a)

in the case of a physical item, it is destroyed;

(b)

in the case of data stored by any means by or on behalf of the offender, it is deleted;

(c)

in the case of content on an internet service, it is removed from the service or permanently hidden.

(3)

For the purposes of this section—

(a)

something is “deleted” if it is irrecoverable;

(b)

“content”, in relation to an internet service, has the meaning given by section 236(1) of the Online Safety Act 2023;

(c)

“internet service” has the meaning given by section 228 of that Act (and section 204(1) of that Act applies).

Image deletion orders: availability

161ZB

(1)

This section applies where a person commits an offence under any of the following provisions of the Sexual Offences Act 2003—

(a)

section 66AA (sharing semen-defaced image);

(b)

section 66AB (taking or recording intimate photograph or film);

(c)

section 66AE (creating a copy of intimate photograph or film shared temporarily);

(d)

section 66B (sharing or threatening to share intimate photograph or film);

(e)

section 66E (creating purported intimate image of adult);

(f)

section 66F (requesting the creation of purported intimate image of adult);

(g)

section 67A(2B) (recording a person breast-feeding child).

(2)

This section also applies where a person commits an inchoate offence in relation to an offence specified in subsection (1).

(3)

The court by or before which the offender is convicted of the offence may make an image deletion order in respect of—

(a)

a photograph or film to which the offence relates, and

(b)

any other photograph or film—

(i)

which shows, or appears to show, a person who is the subject of the photograph or film to which the offence relates in an intimate state,

(ii)

which is a semen-defaced image of a person who is the subject of the photograph or film to which the offence relates, or

(iii)

which shows a person who is the subject of the photograph or film to which the offence relates breast-feeding a child.

(4)

The following provisions of the Sexual Offences Act 2003 apply for the purposes of this section—

(a)

section 66AA(2) (meaning of “semen-defaced image”);

(b)

section 66D(5) to (9) (meaning of “showing, or appearing to show, another person in an intimate state”);

(c)

section 67A(3A) and (3B) (meaning of references to a person breast-feeding a child), ignoring references to the intention of the person who recorded the photograph or film.

(5)

In relation to an offence under section 66F of the Sexual Offences Act 2003, a photograph or film is a photograph or film to which the offence relates for the purposes of this section if—

(a)

it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and

(b)

it was in the offender’s possession, or under the offender’s control, as a result of that request.

(6)

An image deletion order is not available if the offence was committed before the day on which section 102 of the Crime and Policing Act 2026 comes into force.

Period for complying with requirements

161ZC

(1)

An image deletion order must specify, in respect of each step the order requires the offender to take, the date by which the step must be taken (and different dates may be specified in respect of different steps).

(2)

Where the order requires the offender to take a step in relation to a photograph or film that would result in the offender being unable to recover the photograph or film—

(a)

the order must not require the step to be taken before the end of the period for giving notice of appeal against the conviction or order, and

(b)

where notice of appeal against the conviction or order is given, the offender is not required to take the step until the appeal is finally determined or withdrawn.

Offence of failing to comply with an image deletion order

161ZD

(1)

It is an offence for a person in respect of whom an image deletion order made under this Chapter is in force to fail without reasonable excuse to comply with any requirement included in the order.

(2)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both.

Image deletion orders: interpretation

161ZE

(1)

This section applies for the purposes of this Chapter.

(2)

“Photograph” includes the negative as well as the positive version.

(3)

“Film” means a moving image.

(4)

References to a photograph or film also include—

(a)

an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,

(b)

a copy of a photograph, film or image within paragraph (a), and

(c)

data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).”

In Chapter 5 of Part 3 (duties to explain or give reasons), after section 55 insert—

“Duty to give reasons where image deletion order not made

55A

Where—

(a)

a court is dealing with an offender for an offence, and

(b)

an image deletion order is available,

the court must give reasons if it does not make an image deletion order in respect of a photograph or film to which the offence relates (see section 161ZB(3)(a)).”