Criminal Prosecutions

Current work:

Guidelines for police investigation

The Association of Chief Police Officers (ACPO) has agreed to work with the National AIDS Trust to develop consistent best practice for dealing with allegations of reckless HIV transmission, drawing on a review of current practice currently being undertaken by THT and the Metropolitan Police.

The Crown Prosecution Consultation

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.  Read the National AIDS Trust's response to the Consultation. The CPS has now published new guidance for prosecutors to explain how it deals with cases involving the intentional or reckless transmission of an infection. Read the National AIDS Trust summary of the guidance.

The full CPS guidance can be read on the CPS website

Sentencing

The National AIDS Trust and THT have expressed serious concerns to the Sentencing Guidelines Council about the long custodial sentences being given to those convicted of reckless HIV transmission.  Read the National AIDS Trust and THT's joint consultation response.  The Sentencing Guidelines Council has however reaffirmed the appropriateness of 'a significant custodial sentence' for those convicted of this offence.  The National AIDS Trust is currently drafting a further response to the Sentencing Guidelines Council in advance of it issuing its final guidance.

HIV Forensics

In response to concerns about the inappropriate use of scientific evidence during prosecutions for the reckless transmission of HIV, the National AIDS Trust and NAM have produced HIV Forensics: The use of phylogenetic analysis as evidence in criminal investigation of HIV transmission. This briefing paper is aimed at professionals working in the criminal justice system as well as HIV virologists or clinicians who may be called as expert witnesses in criminal HIV transmission cases.  It explains how scientific evidence known as phylogenetic analysis should and should not be used in criminal trials for the reckless transmission of HIV. Read the HIV Forensics briefing paper.

Key Resources

• Criminal Prosecution of HIV Transmission: NAT Policy Update (August 2006) - an outline of the current legislation regarding criminal prosecutions for HIV transmission, how the legislation has so far been applied and the National AIDS Trust's position on criminal prosecutions
  
• HIV Forensics -a report into the use of phylogenetic analysis as evidence in criminal investigation of HIV transmission, produced by the National AIDS Trust in partnership with NAM and key clinical and legal experts.
  
• National AIDS Trust response to the Crown Prosecution Service consultation -the National AIDS Trust response to the Crown Prosecution Service's consultation paper: 'Prosecuting Cases Involving the Sexual Transmission of Infections Which Cause Grievous Bodily Harm'.
  
• Sentencing Advisory Panel Consultation Response (November 2005) - the National AIDS Trust and THT's joint response to the Sentencing Advisory Panel Consultation on 'Assaults and Other Offences Against The Person'.
  
• Supplementary note to the Sentencing Advisory Panel (September 2006) -the response of the National AIDS Trust, THT and Dr Matthew Weait to the Sentencing Advisory Panel's consultation on 'Reduction in Sentence for a Guilty Plea'.
  
• Are the people prosecuted for HIV transmission in the criminal courts representative of the UK epidemic? A poster presented at the BHIVA Spring Conference 2007.

To share your thoughts and experiences on criminal prosecutions for HIV transmission please contact Yusef Azad, Director of Policy and Campaigns: yusef.azad@nat.org.uk/ 020 7814 6732.