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.