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There are real concerns that these prosecutions are undermining efforts to stop the spread of HIV in the UK and are increasing stigma. NAT is campaigning for an end to such prosecutions, but whilst they continue, this page aims to provide people living with HIV with the best possible guidance on the current law.
The law used in England and Wales to prosecute people for HIV transmission is the Offences Against the Person Act 1861 (OAPA 1861), under the section ‘grievous bodily harm’.
There are two possible offences – ‘reckless transmission’ (under section 20 of the OAPA 1861) and ‘intentional transmission’ (under section 18). There has never yet been a successful prosecution for intentional transmission.
For further information, download NAT and THT’s leaflet Prosecutions for HIV Transmission: A guide for people living with HIV in England and Wales.
In Scotland people can be prosecuted for HIV transmission on the grounds of ‘culpable and reckless conduct’. Convictions can also take place for exposing partners to the risk of HIV infection; even if no transmission occurred (such convictions only for exposure are not possible in England, Wales and Northern Ireland). NAT strongly opposes this and is calling for the law to change, as well calling for prosecution guidance to be introduced.
For further information on prosecutions in Scotland ring THT Direct on 0808 8021221.
It is possible to be found guilty of reckless HIV transmission if – at the time of an alleged offence – all of the points below applied:
For further information, download NAT and THT’s leaflet Prosecutions for HIV Transmission: A guide for people living with HIV in England and Wales.
No – under the law if you didn’t know you were HIV positive when you transmitted HIV to a sexual partner, there is no crime.
For further information, download NAT and THT’s leaflet Prosecutions for HIV Transmission: A guide for people living with HIV in England and Wales.
No – under the law if you didn’t know you were HIV positive when you transmitted HIV to a sexual partner, there is no crime.
For further information, download NAT and THT’s leaflet Prosecutions for HIV Transmission: A guide for people living with HIV in England and Wales.
No – if you used a condom then your actions would not count as reckless.
For further information, download NAT and THT’s leaflet Prosecutions for HIV Transmission: A guide for people living with HIV in England and Wales.
There are support organisations out there to help you. The best place to ring is THT Direct on 0808 802 1221 as they have a lot of experience of these cases, but you can also get in touch with your local HIV organisation who may be able to put you in contact with experts. Don’t forget, the vast majority of accusations never reach court, so don’t panic.
In particular, don’t be rushed into hasty action. Ensure you get expert legal advice before giving a statement, giving permission to access your medical records, or pleading guilty. All these actions have serious implications.
For further information, download NAT and THT’s leaflet Prosecutions for HIV Transmission: A guide for people living with HIV in England and Wales.
NAT opposes criminal prosecutions for reckless transmission of HIV because they unjustly target people who know their HIV status for punishment and don’t take into account mutual responsibility for sexual health. Such prosecutions have no benefit to public health and often result in miscarriages of justice, victimisation and discrimination.
NAT was instrumental in getting clear guidance put in place for prosecutions in England and Wales and is currently advocating for similar guidance in Scotland and Northern Ireland.
Whilst prosecutions continue, NAT is working to achieve the best possible outcome at each stage of the prosecution process, from initial investigation through to sentencing.
NAT has produced a leaflet for people living with HIV in England, Wales and Northern Ireland explaining key points of the Association of Chief Police Officers (ACPO) Investigation Guidance and what to expect and do if you find yourself involved in a police investigation.
Download the NAT leaflet: Police Investigation of HIV Transmission: A guide for people living with HIV in England, Wales and Northern Ireland. More information on the ACPO Guidance can be found on NAT’s Police Investigations page.
NAT is always keen to get feedback on our work from people living with HIV. To get in touch with us, please visit our feedback page and let us know your thoughts.
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