Developing guidance for HIV prosecutions: an example of harm reduction?

HIV AIDS Policy Law Rev. 2008 Jul;13(1):13-9.
[Article in English, French]

Abstract

Extensive discussion of the global trend towards the prosecution of individuals for HIV transmission has tended to focus on arguments of principle for or against such prosecutions. There has been less examination of how, where prosecutions are taking place, the community, the voluntary sector and relevant professional bodies (hereinafter the "HIV sector") can mitigate ensuing harm and maximise fairness and understanding in the criminal justice process. In England and Wales, where prosecutions for reckless HIV transmission have been taking place since 2003, the HIV sector persuaded the Crown Prosecution Service (CPS) to consult on the production of Legal Guidance for CPS prosecutors and caseworkers (hereinafter "Guidance") in this area of law, as well as an accompanying Policy Statement. In this article, Yusef Azad describes both the process and the outcome, and attempts an initial assessment of whether this intervention has benefited people living with HIV.

Publication types

  • Newspaper Article

MeSH terms

  • England
  • Guidelines as Topic*
  • HIV Infections / transmission*
  • Harm Reduction*
  • Humans
  • Risk-Taking
  • Wales