Guidance for Crown Prosecutors: Intentional or Reckless Sexual Transmission of Infection

This internal guidance from the Crown Prosecution Service (CPS) for England & Wales sets out how prosecutors should deal with cases where there is an allegation that the suspect/defendant has passed an infection to the complainant during the course of consensual sexual activity.   It should be read in conjuction with the external CPS Policy for prosecuting cases involving the intentional or reckless sexual transmission of infection.

Policing Transmission

A review of police handling of criminal investigations relating to transmission of HIV in England and Wales, 2005-2008.  The report was used as evidence to argue for both prosecutorial and police guidance.  To get a sense of its findings and impact see also the aidsmap.com coverage of the launch of the report held in the UK House of Commons in January 2009.

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

Investigation Guidance relating to the Criminal Transmission of HIV for police forces in England, Wales and Northern Ireland

Sets out how prosecutors should deal with cases where there is an allegation that the suspect/defendant has passed an infection to the complainant during the course of consensual sexual activity. States the criminality of this offending lies in the mens rea, so relevant offences will be difficult to prove to the requisite high standard, to satisfy the evidential stage of the Code test and in the court itself. Also warns of other sensitivities: the relationship between the criminal law and consensual sexual behaviour is delicate.