What this guide covers
Voyeurism offences concern defined observation or recording without the required consent in circumstances set out by law. ‘Upskirting’ is the common term for certain recording beneath clothing; the statute uses precise descriptions rather than the popular label. Someone can experience a serious privacy violation even if no image is ever found online. This guide stays non-graphic and focuses on adult support, reporting and the law in force on 3 October 2026. It is legal information, not legal advice about a particular recording.
The three UK criminal-law systems use different statutes and offences. The place and date of conduct matter. Image capture, possession, later sharing and threats can raise separate issues. Do not assume that a phone's presence proves what it recorded, or that a missing image proves no offence. Evidence should be assessed by trained investigators. A person affected can seek support and ask a venue to preserve relevant information without publicly naming or confronting a suspected person.
How upskirting became a crime
Gina Martin’s campaign brought the gap in England and Wales’ upskirting law to public attention. The Ministry of Justice’s account credits her work alongside other victims, charities, ministers and MPs. It also explains that some incidents had already been prosecuted as outraging public decency; the campaign addressed the limits of existing offences, rather than proving that every earlier incident was lawful.
The Voyeurism (Offences) Act 2019 created specific offences by inserting section 67A into the Sexual Offences Act 2003. It applies to England and Wales and came into force on 12 April 2019, two months after Royal Assent. It remains in force, as checked on legislation.gov.uk on 9 October 2026. Scotland already had its own specific provision; the 2019 Act did not create a single UK-wide offence. The nation-specific sections below explain the different legal frameworks.
England and Wales: section 67 voyeurism
Section 67 of the Sexual Offences Act 2003 has been in force in England and Wales since 1 May 2004. It covers defined voyeuristic observation or recording of another person doing a private act, without consent and with specified intentions. The statute defines a private act in section 68. The legal question is not simply whether the accused and the person recorded know each other or whether a venue is public; the act and statutory privacy conditions must be examined.
The CPS guidance explains charging and consent issues in England and Wales. Recording a private act, operating equipment with intent and looking at the recording can engage different limbs of the section. A later upload may engage image-sharing offences as well. The existence of an age check or a platform's content rules does not decide whether making the recording was lawful.
England and Wales: the 2019 upskirting offence
The Voyeurism (Offences) Act 2019 inserted section 67A into the Sexual Offences Act 2003 for England and Wales, commencing on 12 April 2019. It covers defined recording beneath clothing without consent and with a specified purpose, including sexual gratification or humiliation, alarm or distress. Its elements are specific; it should not be recast as a universal prohibition on every photograph taken near someone. The lack of a later online post does not by itself remove the original recording question.
A separate older section 67 and the 2019 section 67A can be considered according to the facts. The user-facing term ‘upskirting’ does not determine which charge applies. In public spaces, seek help from staff or police if safe, and note witnesses or camera locations without trying to seize another person's device yourself. For immediate danger call 999. The image-removal guide becomes relevant if material is posted or threatened online.
Scotland: section 9 and its amendments
Scotland’s section 9 of the Sexual Offences (Scotland) Act 2009 creates its voyeurism offence, in force from 1 December 2010. Section 43 of the Criminal Justice and Licensing (Scotland) Act 2010 expanded the specified conduct, including recording beneath clothing, effective from the same date. Scottish statutory language, offence elements and defences differ from the England and Wales provisions. The Crown Office and Procurator Fiscal Service handles prosecutions.
Do not cite England and Wales section 67A as a Scottish charge. A Scottish solicitor can explain how section 9 and its interpretation apply to a specific event. Scottish victim-support and police routes can assist with reporting, and a person need not settle a precise charge to ask for care or practical help. Where material is shared, Scotland’s separate intimate-image disclosure offence may also matter. The digital-consent guide explains that distinction.
Northern Ireland: articles 71 and 71A
Northern Ireland’s article 71 of the Sexual Offences (Northern Ireland) Order 2008 has a voyeurism offence, with main provisions in force from 2 February 2009. Article 71A, inserted by the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022, adds defined offences concerning recording of genitals or buttocks; it came into operation on 27 November 2023. Read the enacted elements rather than assuming they replicate the England and Wales upskirting provision.
The Public Prosecution Service for Northern Ireland supplies local prosecution guidance. Northern Ireland's image-sharing offence is another question from initial recording. Report to the PSNI through its emergency or non-emergency route as appropriate. If an image appears online, use a platform report and specialist removal support while preserving necessary details. The local law and facts determine whether one or more offences can be considered.
The 2026 replacement is not wholly in force
Section 98 and Schedule 13 of the Crime and Policing Act 2026 provide for changes to England and Wales offences about taking, recording and copying intimate material. The explanatory notes describe a planned repeal of the 2019 section 67A offence as new section 66AB takes its place. Legislation.gov.uk records section 98 in force from 29 June 2026 only for specified purposes and the relevant Schedule 13 repeal provision as prospective on 3 October 2026. Do not tell a reader the whole replacement has begun or that the current section 67A disappeared.
The proposed rules have their own definitions and potential extraterritorial reach, which require a precise commencement check before being described as operative. The 2026 Act summary distinguishes partial commencement from enactment. A legal professional can use a point-in-time version of the 2003 Act to determine what applied when an incident happened. The date of an allegation cannot be skipped because a newer Act has received Royal Assent.
Reporting and support after an incident
If safe, tell venue staff or a trusted person what happened and ask them to retain CCTV or a witness account. Record the date, location and what you observed. Do not physically confront someone or force access to a phone. Contact police through 999 for immediate danger or the local non-emergency route. A person can also seek emotional support from a specialist service without waiting for police to determine a statutory section. Their clothes, location or past relationship are not reasons to dismiss the report.
If an image is circulating, keep URLs and platform case numbers without sharing the image publicly. The Revenge Porn Helpline supports UK adults experiencing intimate-image abuse; the removal guide explains platform and StopNCII options. When the affected person was under 18 at capture, use appropriate child-protection routes rather than an adult removal tool. Where employment is involved, the employer-duty guide explains a separate workplace process.
If you are accused or contacted by police
Get advice from a criminal defence solicitor promptly rather than trying to resolve an allegation through private messages or a public post. In England and Wales, GOV.UK explains the right to free legal advice at a police station. Ask for the duty solicitor, who is independent of the police, or ask police to contact your own solicitor. Free advice is also available for a voluntary police interview; attending voluntarily does not mean you should manage it without advice.
Scotland and Northern Ireland have separate procedures. Mygov.scot explains free solicitor advice and attendance while in Scottish police custody, including access to a duty solicitor. In Northern Ireland, ask the custody officer to arrange free, independent legal advice under the Department of Justice's PACE Code C. These official police-station routes were checked on 8 October 2026. A solicitor should explain the rights and procedure that apply to your location and situation.
Do not discuss the details of the case with other people or online; discuss them privately with your solicitor. Do not contact the complainant, directly or through friends, to ask for an explanation, apology or withdrawal. This is a precaution against pressure and further harm, not a statement that every contact is automatically an offence. If you have bail conditions, follow them: GOV.UK's England and Wales bail guidance explains that conditions can prohibit contact with particular people. Ask your solicitor about any uncertainty rather than testing a boundary.
Use the Law Society's Find a Solicitor to locate a criminal defence solicitor in England and Wales. For Scotland, the Scottish Legal Aid Board's solicitor finder provides a local route; in Northern Ireland, use the Law Society of Northern Ireland's solicitor directory. Check that the firm handles criminal matters and ask about police-station advice and any later costs. This section gives information about access to advice, not defence tactics or a prediction about an allegation.
Common questions about recording
Must an image be shared online for a recording offence? No, recording itself may satisfy an offence. Does every uncomfortable camera angle prove upskirting? No, a specific charge requires its statutory elements and evidence. Is England and Wales section 67A Scottish law? No. Does Northern Ireland use the Scottish Act? No. Did the 2026 Act automatically repeal the 2019 offence at Royal Assent? No; the replacement was not wholly commenced on the checked date.
Could more than one law matter? Yes: capture, threat, disclosure and harassment may be separate. Should a person upload the recording to ask strangers what it proves? No; preserve details safely and use official reporting. Can a survivor ask for support without deciding to report? Yes. Will this guide predict a prosecution? No; a solicitor and investigators need the facts and the law applicable on the date.
UK help after unwanted recording
Call 999 for immediate danger; otherwise contact the local police force or the appropriate nation’s support service. UK help lists routes, including Rape Crisis services. The Revenge Porn Helpline can help adults with posted or threatened intimate material. Citizens Advice or a solicitor can help identify legal options where location, employment or cross-border facts complicate a case.
The glossary distinguishes intimate-image offences, digital consent and consent when capture and sharing are separate events.
For the current offence, read the relevant statute on legislation.gov.uk and its commencement notes, then CPS, COPFS or PPS guidance for the nation. The prospective 2026 provisions may change status later. This guide is legal information, not legal advice.