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THT welcomes guidelines from Crown Prosecution Service

HIV transmission guidance from CPS

Friday, 21 March 2008

Terrence Higgins Trust has welcomed the publication of new guidance from the Crown Prosecution Service (CPS) on prosecution of reckless or intentional transmission of STIs, including HIV. The CPS published the following statement on the 14th March 2008 “After extensive consultation, the Crown Prosecution Service (CPS) has published a public policy statement and guidance to prosecutors to explain how it deals with cases involving the intentional or reckless sexual transmission of infection. To date 11 such cases have been prosecuted.” Director of Public Prosecutions, Sir Ken Macdonald QC, said: "Although these types of cases are rare, we are publishing this statement because we recognise the importance of consistent decision-making. It follows other public statements concerning our policies on how we handle certain types of cases. We hope that it provides clarity. 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.”

Responding to the CPS decision Lisa Power, Head of Policy at Terrence Higgins Trust said "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." She continued, “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." 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. This has been both costly and damaging. Terrence Higgins Trust, along with other community organisations, clinicians and police, has worked with the CPS for the past 18 months to produce guidance to regulate the situation.

Further information on the law in this area and what it means for people with HIV or other STI’s can be found on the THT website at www.tht.org.uk/prosecutions Anyone concerned about a possible prosecution is advised to call THT Direct on 0845 1221 200.