53ZIntimate image disposal order

53Z Intimate image disposal order

(1) On an application under section 53X, the court may order that the seized thing, or the electronic material contained in the seized thing, to which the application relates—

(a) be forfeited to the State; and

(b) be destroyed or disposed of in a manner—

(i) determined by the court; and

(ii) specified in the order.

An intimate image disposal order that relates to a seized thing that is an intimate image results in forfeiture of the seized thing. An intimate image disposal order that relates to electronic material that is contained in a seized thing results in forfeiture of the electronic material only.

(2) The court may only make an intimate image disposal order—

(a) if satisfied, on the balance of probabilities, that—

(i) the seized thing is, or the electronic material contained in the seized thing includes, an intimate image; and

(ii) the return to a person of the seized thing, or of the electronic material contained in the seized thing, may result in the commission of an intimate image offence; or

(b) if satisfied, on the balance of probabilities, that—

(i) the seized thing contains encrypted or password protected electronic material; and

(ii) there are reasonable grounds to believe that the electronic material includes an intimate image.

(3) The court may give any direction necessary to give effect to an intimate image disposal order made by it.

(4) The following persons are entitled to appear and give evidence at the hearing of the application—

(a) any person notified under section 53Y(1) or (4);

(b) any other person who claims an interest in the seized thing or in electronic material contained in the seized thing.

(5) The court is not prevented from making an intimate image disposal order because a person referred to in subsection (4) has not appeared before the court.

S. 53ZA inserted by No. 38/2022 s. 22.

53ZA Appeal against intimate image disposal order

(1) Without affecting any other right of appeal, a person who has an interest in a seized thing, or in electronic material contained in a seized thing, may appeal against an intimate image disposal order made in respect of it.

(2) An appeal is to be made by a person in the same manner as if—

(a) the person had been convicted of an intimate image offence by the court that made the intimate image disposal order; and

(b) the intimate image disposal order were, or were part of, the sentence imposed in respect of that offence.