Since 2001, there have been several successful prosecutions for transmission of HIV in Scotland, England and Wales. THT is deeply concerned by these prosecutions, and by any possible future prosecutions of people for reckless transmission of HIV.

We are working with HIV organisations, people with HIV and others affected by this to address the various issues that these prosecutions have raised.

Overview of THT policy

Use of criminal law

We want to encourage a national debate about the use of criminal law to regulate public health, particularly for serious communicable diseases such as HIV and other sexually transmitted infections. This debate needs to include discussion of the rights and responsibilities of all parties in reducing their onward transmission.

We want to restrict prosecutions under the current (1861) law to cases where transmission of HIV was intentional and not have the law used for cases of reckless transmission.

We want to persuade the Crown Prosecution Service to draw up guidelines (after widespread consultation of all relevant stakeholders) that will regulate and restrict prosecutions for the transmission of serious communicable diseases, including HIV. The current chaos, whereby neither police, nor people with HIV, nor those supporting them, are clear about their position, needs to end.

We believe that if the primary purpose of prosecution is to reduce the virus being transmitted further, then a prison term is an inappropriate sentence for someone with HIV.

Discrimination and prejudice

THT aims to challenge the ways in which HIV prejudice and discrimination are exacerbated by the language used, and assumptions made, by the legal authorities and the media in criminal proceedings for transmission of HIV. We want to help the judiciary, the police and the CPS to understand better how HIV is, and is not, transmitted, and what it is really like to live with HIV.

We want to support people with HIV in managing their everyday lives, including their sex lives, without fear of prosecution or of prejudice.

Future plans

In the long run, we want to reform the law in a manner that is consistent with good public health practice and with the UNAIDS Policy Options Paper: Criminal law, public health and HIV transmission.

Find out more

Also in this section you can:

• find out more about the background to our policy
• read more details of our current policy.