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When prosecutions succeed

when prosecutions suceed

Prosecutions for these offences are very rare, but there are a lot more allegations and investigations. Most prosecutions succeed simply because the person accused pleads guilty.

If I plead not guilty, can I still be convicted?

Where people have pleaded not guilty but been successfully convicted, it has been because of a combination of scientific, clinical and individual evidence (see How Do You Prove It?).

It is important to understand that the police can ask to access your medical records if an allegation is made, and they often do so. However, they don’t have a right to do this unless they have already charged you with an offence; you should take legal advice before giving them your permission.

They may also enter your house and seize your computer and mobile phone as well as anything you have written down. All these kinds of evidence can be used in court, as well as any statements you have made.


Successful prosecutions are not always justified:

  • The defence can be poorly prepared.
  • Inaccurate claims made by the prosecution can be left unchallenged by the defence.
  • An inexperienced defence solicitor or barrister might advise someone to make the wrong plea.

This is why, if you are accused, it is vital to get experienced legal advice.

If you are unsure where to find a solicitor, or are concerned that your lawyer may not know much about the issue, contact THT Direct to get a referral or information which you can then pass on to your solicitor.


More information on prosecutions:

Policing Transmission, Terrence Higgins Trust & NAT, 2008.


Next: When prosecutions fail ››

‹‹ Back to: How the law works

 

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The Information Standard: Certified member

This article was last reviewed on 16/9/2015 by Anna Peters

Date due for the next review: 16/9/2018

Content Author: Daisy Ellis

Current Owner: Policy

More information:

Policing Transmission, Terrence Higgins Trust & NAT, 2008.

Policy for prosecuting cases involving the intentional or reckless sexual transmission of infection, The Crown Prosecution Service.

Intentional or Reckless Sexual Transmission of Infection, The Crown Prosecution Service.