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New CPS Policy For Crimes Relating To HIV Tranmission

The Crown Prosecution Service has today announced new public policy and guidance to prosecutors to explain how it deals with cases involving the intentional or reckless sexual transmission of an infection.

The National AIDS Trust and the Terrence Higgins Trust were consulted and provided advice to the CPS in the development of the guidance.

“Criminalising HIV transmission increases stigma and discrimination of people living with HIV and can deter testing," Deborah Jack, said chief executive of the National AIDS Trust.

"Efforts to prevent HIV should instead focus on support and advice for people living with HIV on how to disclose to sexual partners and protect them through safer sex. And most importantly all of us must take responsibility and use a condom, instead of relying on someone else for our sexual health."

"This new guidance from the CPS is helpful in clarifying the prosecution process. The level of evidence needed to prove intentional or reckless sexual transmission of infection has rightly been set very high and it is unlikely that there will be many prosecutions."

"However whilst prosecutions continue the National AIDS Trust will work to ensure the best possible advice is available to prosecutors, lawyers, police, support organisations, healthcare workers and people living with HIV," Jack added.

"Although these types of cases are rare, we are publishing this statement because we recognise the importance of consistent decision-making," said director of Public Prosecutions, Sir Ken Macdonald QC.

"People affected by the intentional or reckless sexual transmission of infection often face many difficulties in reporting the incident to the police and then supporting any prosecution at court that may follow."

"We have consulted clinicians, charities and community groups on the development of this policy and guidance. We have benefited substantially from listening to their views and concerns, and we have greatly appreciated their input."

The policy statement covers the Code for Crown Prosecutors and how it is applied in all cases; the offences that the CPS will consider in relation to cases of the intentional or reckless sexual transmission of infection and what the CPS needs to prove; the application of the public interest in such cases; and witness and victim care issues.

"For years now we have seen huge variations in how justice has been administered in this area of the law. This has caused problems for police, courts and people caught up in prosecutions." said Lisa Power, Head of Policy at Terrence Higgins Trust.

"The new CPS guidance will go a long way towards removing confusion, cutting the most inappropriate investigations short and clarifying where people with HIV and other STIs stand if they transmit them."

"THT accepts prosecutions for intentional transmission, but we remain opposed to prosecuting reckless transmission. We believe that it harms rather than helps public health goals. However, if prosecutions do take place, it is important that they are regulated and consistent in their conduct and that anyone with an STI knows clearly what the law is," Lisa said.

Although only 13 cases, all of HIV transmission, have so far gone to Crown Court in England & Wales (ten of them resulting in convictions), many more cases have been pursued and abandoned since 2003 due to faulty understanding of the law and of HIV/STI issues by local CPS staff and by police officers.

Author: Joanne Oatts

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