Crimes (Amendment) Ordinance 2021
Ord. No. 35 of 2021
Section 3
A3627
- (i) the image must be identified;
- (ii) it must be proved that the image is an intimate image of an individual; and
- (iii) it must be proved that the image is a subject of the criminal proceedings; and
- (b) in relation to a person proposed to be made subject to the disposal order—
- (i) the person must be identified by stating the person’s particulars;
- (ii) it must be proved that the person has the means to control, or is in possession, of an image; and
- (iii) it must be proved that the person is able to take the actions required under the terms proposed in the application to be specified in the disposal order.
- (4) A magistrate must not make a disposal order against a person in relation to an image unless the magistrate is satisfied that all matters that are required to be proved for the purposes of the application have been proved on a balance of probabilities.
- (5) After a disposal order is made, a magistrate may—
- (a) on the magistrate’s own motion;
- (b) on application made in the name of the Secretary for Justice; or
- (c) on application by the subject person, or a concerned person,
- review the disposal order, and affirm, suspend, vary, cancel or revoke the disposal order as the magistrate considers appropriate.
