HIV and Justice

Aidan Collins

I’m going to talk about…

> Background

> What the law means

> Why people may / may not be prosecuted

> What HIV Scotland is doing

Background

The law in Scotland• ‘Assault’ • ‘Culpable & reckless conduct’

Only 3 prosecutions BUT lots of concerns • Impact on testing • Lack of clarity & consistency

2012 COPFS Guidance

When would prosecution be unlikely?

If there was (free and informed) consent

If the person accused was vulnerable or manipulated

If precautions were used

If medical advice was followed (treatment)

When would prosecution be more likely?

If the person had been misled

If the person was vulnerable

If there was a clear history of unprotected sex and non-disclosure

What is HIV Scotland doing?

Continuing to provide information and talking at events like this

Monitoring policy and practice

Continuing to work with the COPFS

Working with Police Scotland

Is there anything else that you think we should be doing?

THANK YOU!

aidan.collins@hivscotland.com