People’s Guide to Police HIV Investigations

posted: 11/05/2011

NAT (National AIDS Trust) have just produced a guide for people living with HIV about how the police should investigate any complaints about HIV being passed on. The Police now have their own detailed guidance for doing these investigations.

This plain English leaflet is for people with HIV and it gives the key points and answers people’s common questions. It does not deal with Scotland where the law and legal system is different, so the guide is just for England, Wales and Northern Ireland.

Prosecutions are rare

Police investigations into reckless HIV transmission are uncommon. In 2009 around 6500 people found out they had got HIV but few people complain to the police about someone infecting them recklessly, and there was only one prosecution in 2010 and none at all in 2009.

Answers to common questions

The leaflet answers these common questions:

• What should I do if someone goes to the police (or threatens to) accusing me of giving them HIV?
• How much will the police know about HIV?
• Should the police investigate if the person complaining does not have HIV?
• When will police end the investigation?
• Will the police keep my HIV status confidential?
• Can the police see my medical records?
• Should the police comment to the media?
• What if the person accused is under 18?

Expert Guidance for Police and Prosecutors

The police now have their own national guidance to follow when investigating these unusual, complex and sensitive cases. The Crown Prosecution Service also has a guide about prosecuting these cases.

HIV organisations like NAT, George House Trust and Terrence Higgins Trust have worked hard with police and prosecutors to produce these guides to reduce as far as possible problems for people with HIV who may be accused.

The police guidance makes plain that all allegations should:

• be fairly investigated
• not be begun or continued if a successful prosecution is not considered realistic
• respect the dignity and confidentiality of people with and affected by HIV.

The Association of Chief Police Officers (ACPO) has approved ‘Investigation Guidance relating to the Criminal Transmission of HIV’ for the police.
This sets the standard for police investigations. Police will find the guidance very helpful; it is available on the national police information and training website ‘POLKA.’ The public can find a public copy on the NAT website.
 

Accused? Remember:

If you are accused of reckless or intentional HIV transmission, get immediate advice from a HIV voluntary organisation with experience in HIV prosecutions, or ring THT Direct (0845 12 21 200)

• Get legal advice when the police start to investigate
• Make sure the police know about and use the ACPO Investigation Guidance
• Get advice and support from a HIV voluntary organisation with experience in dealing with HIV prosecutions.

 NAT Guide for people living with HIV on police investigations is at the bottom of this page.

Police, Prosecutors, Press Bungle HIV Crime

posted: 01/09/2010

Despite new police HIV crime investigation guidelines, HIV prosecution guidelines and new press HIV reporting guidelines, it appears that all were ignored and left on office shelves in the latest prosecution for reckless HIV transmission.
 

A man accused of passing on HIV to a woman of 19 was jailed for a year, and given a five year sexual offences prevention order yesterday.

Nicholas Richards, who is 31, and lived in Sittingbourne, Kent, admitted Grievous Bodily Harm (GBH) for the HIV offence of reckless HIV transmission at a previous hearing at Maidstone Crown Court.
 

Richards was also given a five-year sexual offences prevention order, which stops him from having unprotected sex or not telling his partners about his HIV.
 

He was jailed yesterday for a year on that charge and was sentenced to a further year for an unrelated GBH charge, for attacking a man in Medway, Kent.  

The court heard Richards exposed the 19-year-old woman to HIV in June 2008. The young woman, who cannot be identified for legal reasons, found out she had HIV during routine blood tests when she became pregnant. Her baby does not have HIV, say the police.
 

Police comments
After the hearing, Det. Ch. Insp. Simon Wilson said the crimes committed by Richards were "abhorrent and callous" and had far-reaching consequences. He said: "Not only did he knowingly infect a young girl with HIV - a disease she will have to live with for the rest of her life, but he also selfishly put her child at risk too. Thankfully, the sheer bravery the victim showed in coming forward immediately and giving evidence in court helped us secure a conviction against him and I would pay tribute to her courage." He urged anyone else who had "fallen prey" to Richards to contact the police.
 

George House Trust comment

 
More Police, Crown Prosecution Service and Press failings

Because HIV crimes are complex to investigate and prove beyond reasonable doubt, and because of the harm HIV stigma and discrimination cause, police and prosecutors have strict guidance and policies to follow in HIV cases. This case seems to prove that these were ignored. The investigation and prosecution system cannot be relied on to work properly in all HIV cases.

Police

It appears that the Police ignored their own HIV investigation guidelines. They have clearly ignored their own Communication Strategy guidance, because Det. Ch. Insp. Simon Wilson should never have made his inaccurate and sensationalising comments and blatantly fished for other people to come forward who may have ‘fallen prey’ (his words) to the man.
 

Crown Prosecution Service

The Crown Prosecution Service appear to have yet again ignored their own HIV prosecution policy and guidance. Prosecutor Roy Brown seems to have been the man responsible. Guilty pleas should not be accepted without rigorous efforts to obtain transmission evidence.There is no evidence from the media reports that phylogenetic analysis was carried out as the prosecution guidelines require. So we can't be sure the man found guilty did pass HIV to the young woman.

Press

It was only the middle of August, just a few weeks ago, that the managing editor of The Sun told us about his paper’s commitment to responsible reporting of HIV at the launch of NAT’s new press guidelines. Graham Dudman, Managing Editor at The Sun, we were told, ensures his staff use the guidelines. He says: “At The Sun we pride ourselves on getting the facts right and staying up to date. This can be a challenge in sensitive areas like HIV. NAT's guidelines for journalists are very useful, really simple to work with and lay out all the facts reporters need.”
 

He seems to have forgotten the press guidelines for HIV very, very quickly. The Sun’s headline for this HIV news story: ‘HIV fiend jailed for infecting girlfriend’
 

News reports

BBC

Independent

Daily Mail

The Sun

Police HIV Investigations

posted: 19/08/2010

The key guides for the police investigation of claims of HIV transmission are now available freely on the web. George House Trust helped NAT's work with the Association of Chief Police Officers on these guides.

The police realised that they were reinventing the wheel every time they began a new investigation and that some investigations could be done very much better.

These new guides mean police should now always investigate allegations of criminal HIV transmission in a way which is:
• consistent with Crown Prosecution Service prosecution policy for HIV prosecutions
• well informed about HIV, from both a clinical and a social point of view
• respects human rights and confidentiality
• timely and does not prolong investigations.
 

It's all on POLKA

The complete Guidance is available to all police officers in England, Wales and Northern Ireland via the Police Online Knowledge Area (POLKA) hosted by the National Police Improvement Agency.

Key papers available to all 

NAT now have on their website the key documents so that people with HIV, and organisations supporting people with HIV, know what the police should be doing and best police practice.

• Police Investigation flowchart: This flowchart sets out the whole investigation process
• HIV Key facts: This tells the police key information on HIV, including basic biological and clinical facts, information on PEP, HIV testing, HIV treatments and discrimination issues
• Accused under 18?: This alerts the police how to take special care where the accused is under 18
• Communication Strategy: This guides police about publicity during and after investigations, confidentiality and media relations
• Evidential Flowchart: This key document sets out the evidential steps that must be covered in any investigation, to help avoid unnecessary intrusion and ensure the appropriate evidence is collected. They can't move on to the next invetigation stage until they have collected the necessary evidence. 
• Initial contact with STI / GUM clinics: This advises police to use STI / GUM clinics to contact any new people of interest to them rather than by the police making contact and shocking unprepared people with the news that they may have HIV
• NAT is preparing a simple Q&A on police investigations for people with HIV, which will soon be available on the same NAT webpage.

Hepatitis investigations too

Similar guidance for investigating possible cases of Hepatitis B and Hepatitis C transmission is also available. Contact NAT for these.

Police HIV investigation guidelines

These guidelines are a response to the Policing Transmission report.

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Rolling Back HIV Prosecutions

posted: 03/08/2010

While over 600 people have now been convicted worldwide of transmitting or exposing others to HIV, and some countries are making new laws for prosecuting HIV, there is some good news.

Ghana, Mauritius and other countries have rejected a ‘model law’ that proposed prosecuting HIV transmission; in the Netherlands a new policy makes prosecutions for unintentional transmission unlikely; and Sierra Leone has ended its policy of prosecuting mother to child transmission. In England and Wales, work with police, prosecutors and expert virologists have helped make successful prosecutions a rarity.
 

UNAIDS Priority
Susan Timberlake of UNAIDS stated at a International AIDS Conference session that it was now a “corporate priority” of UNAIDS to “remove punitive laws, policies, practices, stigma and discrimination that block effective responses to HIV”.
She said that it was essential that advocacy does not just consider laws, but also must dealwith law enforcement and access to justice.
 

Working with legislative bodies to remove laws is an extremely complex and time-consuming process that requires political know-how and can backfire.
 

Harm Reduction - Working with Police and Prosecutors

Timberlake suggested law enforcement approaches (engaging with the police, prosecutors and judges who make decisions on taking cases forward or not) can be more productive than risking law repeal which could backfire and make the situation worse. She said that any countries that do not yet have prosecutorial guidelines should make these high priority.

In England and Wales, because helpful law reform is unlikely, a lot of effort has been put into reducing the harm of prosecutions – and as a result of HIV prosecution and investigation guidelines few cases get to court, and convictions are now rare.
 

An English court accepted expert scientific evidence that showed the limits of phylogenetic analysis (the scientific evidence comparing the viral strains of the complainant and the accused). At first prosecutors presented phylogenetic analysis as providing definitive proof that the accused must be guilty. However expert evidence showed that two viral strains can seem closely related without there being any certainty about who had infected who. It is now a key part of police investigation guidelines and prosecution policy to use phylogenetic analysis. This evidence seriously weakens most prosecution cases and convictions are now rare.
 

Knowledge, Representation and Stigma

More still needs to be done to improve people with HIV’s knowledge of laws and their rights (‘legal literacy’) and access to legal support and services. This needs to be linked with broader efforts to reduce HIV stigma and discrimination.
 

New Book on HIV and Criminal Law

This International Conference meeting also saw the publication of HIV and the Criminal Law, a new guide to the use of the criminal law in prosecutions related to HIV transmission, written by Edwin Bernard and published free online by NAM.

Videos

The video of the meeting is now online at aidsmap
The video of Edwin's presentation and press conference

Sources
Criminalising Transmission

Tactics to Stem Tide of Prosecutions

Psychologists and Confidentiality

posted: 08/03/2010

A 20 page booklet of guidance from the British Psychological Society advises psychologists working in the NHS how to deal with HIV confidentiality where people may be exposing their partners to HIV. The guidance – ‘Criminalisation of HIV Transmission – guidelines regarding confidentiality and exposure’ has best practice guidelines, sections on dealing with police enquires and on disclosing information to partners, and what the various codes of ethics and types of professional guidance say.

These guidelines on HIV confidentiality and disclosure were developed to help clinical psychologists where HIV-positive clients have not disclosed their status to their sexual partners and there is a significant risk for HIV transmission. They have also been developed to assist clinical psychologists when clients believe they have contracted HIV under these circumstances.

This 2009 booklet costs £4.70 to people who are not members of the British Psychological Association.