New Clause 4: Armed Forces Bill
New Clause 4 - Service image deletion orders
“(1) After section 232G of AFA 2006 insert—
“Service image deletion orders
232H Service image deletion orders
(1) A service image deletion order is an order 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).
232I Service Image deletion orders: availability
(1) This section applies where a person commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under any of the following provisions of the Sexual Offences Act 2003—
(a) section 66AA (sharing semen-defaced images);
(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 a 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’s attempt, agreement or encouragement or assistance, or a person’s aiding, abetting, counselling or procuring, in relation to an offence specified in any of paragraphs (a) to (g) of subsection (1) is an offence under section 42 by reason of section 43, 45, 46 or 47.
(3) The Court Martial or the Service Civilian Court—
(a) may make a service image deletion order in respect of a photograph or film to which the offence relates, and
(b) must give reasons if there is an image to which the offence relates in respect of which it does not make a service image deletion order.
(4) The court may make a service image deletion order in relation to any other photograph or film—
(a) which shows, or appears to show, the subject of the photograph or film to which the offence relates in an intimate state,
(b) which is a semen-defaced image of the subject of the photograph or film to which the offence relates, or
(c) which shows the subject of the photograph or film to which the offence relates breast-feeding a child.
(5) 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, for these purposes, references to the intention of the person who recorded the photograph or film.
(6) In relation to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is 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.
(7) A service image deletion order is not available if the offence was committed before the day on which section (Service image deletion orders) of the Armed Forces Act 2026 comes into force.
232J Period for complying with requirements
(1) A service 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 relevant appeal period in relation to the conviction or order, and
(b) where an appeal against the conviction or order is brought or an application for leave to bring such an appeal is made, the offender is not required to take the step until the appeal is finally determined or withdrawn or the application for leave is refused.
(3) In subsection (2) the “relevant appeal period” is—
(a) in relation to an appeal from a decision of the Court Martial, the period within which an application for leave to appeal must be lodged (but ignoring any power for that period to be extended);
(b) in relation to an appeal from a decision of the Service Civilian Court, the initial period for bringing an appeal mentioned in section 285(3)(b) (28 days from date of sentence).
232K Offence of failing to comply with a service image deletion order
(1) It is an offence for a person in respect of whom a service image deletion order made under section 232I is in force to fail without reasonable excuse to comply with any requirement included in the order.
(2) A person subject to service law, or a civilian subject to service discipline, who commits an offence under this section is, if guilty of the offence, liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed five years.
(3) A person who is no longer subject to service law, or a civilian who is no longer subject to service discipline, who commits an offence under this section is, if guilty of the offence, liable—
(a) on summary conviction in England and Wales, 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 summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).
232L Service image deletion orders: interpretation
(1) This section applies for the purposes of sections 232H to 232K.
(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).”
(2) In consequence of the amendment made by subsection (1), in section 50 of AFA 2006 (jurisdiction of the Court Martial), in subsection (2), after paragraph (c) insert—
“(ca) an offence under section 232K (failure to comply with a service image deletion order) committed by a person within subsection (2) of that section;”.”—(Al Carns.)