I've been accused

The first place to ring is THT Direct as they have a lot of experience of these cases. They can also put you in touch with your local HIV organisation for emotional support and advice and they can suggest a solicitor. However, most solicitors will usually only be willing to take a case if an arrest has already been made, or if the police are already investigating; they do not give general advice where no accusation has yet been made (or not without charging).

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. Just because you had sex with someone doesn’t necessarily mean you are the person who caused their infection.

If you are charged, the police may offer you a 'duty solicitor'. It is important to ask them if they have worked on this sort of case before. If they have not, make sure they take advice from experts in this area of law before they give you any themselves. Terrence Higgins Trust sometimes has to help people who have been badly advised at this stage to change solicitor later on. If the solicitor seems good but is inexperienced, Terrence Higgins Trust will be happy to help them get up to speed on the special issues involved.

If you really think you may be prosecuted, or that an accusation may be made, it may be helpful to familiarise yourself with the ACPO police guidelines for investigationsand the general CPS or Procurator Fiscal guidelines for court cases. These will help you to know what to expect and equally importantly help you know whether the person managing your case is being reasonable or not. The police guidelines apply only in England and Wales; however they are a useful source of information for people facing accusations in Scotland also.