Educating Prosecutors

Advocating for Prosecutorial Guidelines

Two U.K. jurisdictions (England and Wales, and Scotland) are the only countries in the world to have produced prosecutorial guidelines. Advocates in numerous other countries continue to advocate for prosecutorial guidelines to limit prosecutions of people living with HIV for exposure or transmission.

How to advocate for prosecutorial guidelines

This video toolkit comprises a workshop held during a seminar on HIV criminalisation in Berlin in September 2012 to discuss challenges associated with the creation of prosecution guidelines, providing important insights from prosecutors and civil society alike. The workshop followed the European premiere of the documentary ‘Doing HIV Justice: Clarifying criminal law and policy through prosecutorial guidance’ which explores how prosecution guidelines were created for England and Wales

Position Paper: The Need for New Charge Assessment Guidelines: HIV Non-Disclosure in British Columbia

Outlines different ways to address HIV non-disclosure: charge assessment guidelines, a public health approach, and prosecutorial guidelines. Provides recommendations.

Taking the fight against HIV criminalization to Crown Prosecutors

Outlines a stage in AIDS Action Now’s Think Twice campaign, which involved sending letters to the Ontario Crown Prosecutors who have brought forward HIV non-disclosure prosecutions, as well as their bosses and the Attorney General, asking them to ‘think twice’ before pursuing prosecutions.

Consultation on Prosecutorial Guidelines for Ontario Cases Involving Non-disclosure of Sexually Transmitted Infections: Community Report and Recommendations to the Attorney General of Ontario

Aims to contribute to Ontario Ministry of the Attorney General (MAG)’s consideration of guidance to assist Crown counsel to make fair and timely decisions in cases based on allegations of nondisclosure of HIV or other sexually transmitted infections to a sexual partner. Reflects discussions, feedback and recommendations from community consultations. Recommends specific text with accompanying rationale.

Criminal prosecutions for non-disclosure of HIV: engaging with governmental health authorities to advocate for the development of prosecutorial guidelines in Quebec

Describes creation of a working group facilitating dialogue between the justice and public health authorities on the issue of criminalization. The working group called on the Justice Ministry to develop prosecutorial policies and guidelines. Governmental health authorities proved to be key allies in opening a dialogue with the Justice Ministry. Suggests that health authorities should play a central role in the development of prosecutorial policies and guidelines.

National Prosecutors Roundtable on HIV Criminalization Law and Policy

Describes the first National Prosecutors Roundtable on HIV Criminalization Law and Policy, and indicates that the Association of Prosecuting Attorneys will endeavour to develop consensus positions with respect to reform of HIV-related laws.