Since 2001, people living with HIV in the UK have been prosecuted for the reckless transmission of HIV. There are real concerns that these prosecutions are undermining efforts to stop the spread of HIV in the UK and are increasing stigma around HIV.

We are campaigning for an end to prosecutions of reckless transmission of HIV through consensual sex. This is because of the need to affirm the individual's responsibility for his or her own sexual health; the human rights of those people living with HIV and the difficulties of disclosure; the public health considerations and the potential for further discrimination against people living with HIV and disadvantaged groups such as migrants.

Whilst prosecutions continue, we are working to ensure that the best possible guidance is available to prosecutors, lawyers, police, support organisations, healthcare workers, people living with HIV and the organisations which support them.

Latest information

As a result of pressure from NAT, the Crown Prosecution Service (CPS) carried out a public consultation on its 'Policy for Prosecuting Cases Involving Sexual Transmission of Infections which causes Grievous Bodily Harm' in 2006.  In 2008 the CPS published new guidance for prosecutors to explain how it deals with cases involving the intentional or reckless transmission of an infection.

The full CPS guidance can be read on the CPS website.

Prosecutions for HIV Transmission: A guide for people living with HIV in England and Wales

The Crown Prosecution Service (CPS) published in March 2008 Guidance on the circumstances in which people may be prosecuted for either recklessly or intentionally transmitting HIV.

NAT and THT have published a leaflet for people living with HIV in England and Wales, explaining the law in a straightforward way and answering some of the key questions asked by many people with HIV.  The leaflet also gives practical advice on places to go for advice and support.

Download NAT/THT leaflet updated May 2010 Prosecutions for HIV Transmission: A guide for people living with HIV in England and Wales here.

Hard copies of the leaflet can be requested from policyandcampaigns@nat.org.uk