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.

Beating HIV Hate Neighbours

posted: 07/12/2010

Tom faced a four year campaign of HIV hate from his neighbours before he finally moved away. Tom (not his real name) is gay and HIV positive and his sexuality and having HIV made him a target for one of his neighbours in a block of flats in Manchester.

• They made inappropriate and abusive comments to him and his partner
• Then they accused him of playing loud music in the early hours
• They accused him of threatening them, so he was arrested.
• They also told other people in the block about his HIV
• Tom was assaulted twice
• His landlord, a housing association, went to court and got an injuction against him
• His landlord tried to evict him.

"This neighbour kept diaries about me, recording who was visiting my flat, and she claimed I was bullying her. The housing association that owned the flat issued an injunction against me. She got me arrested for allegedly threatening to kill her."
Earlier this year Tom’s housing association tried to end his tenancy, by sending him a court summons to repossess his flat .
 

Breakthrough Help

That was when he asked Breakthrough UK to help. Breakthrough are a Manchester-based national charity which supports disabled people who are victims of hate crime. Tom said "They advised me to give up the flat and get out. They gave me support, and now I'm in private accommodation. This neighbour made my life hell. She was making stuff up about me. I couldn't stand to be in the flat. I started drinking and would stay out as late as possible.
 

Police Say - Not a Hate Crime
"I told the police but they didn't see it as a hate crime – just anti-social behaviour.

I am a lot happier now. I have no stress and I'm free from all the hatred and homophobia. Without the support of Breakthrough I would probably have finished up in prison. The neighbour had claimed I had breached the injunction, but that was untrue, she just wanted to get me locked up."
 

Stamping out HIV hate
Lorraine Gradwell, Chief Executive of Breakthrough UK, said: "Our service sends out a clear message that any kind of hate crime against disabled people must be stamped out." Hate crime can be a physical attack or verbal attack towards a person because of their disability. Last year Greater Manchester Police recorded 74 incidents of hate crime against disabled people, but not this one.
 

The police are now working closely with disabled people and disability organisations including Breakthrough UK, to raise awareness of the crime and encourage victims to come forward.
 

Sergeant Kate Crompton, Greater Manchester Police, said: "Some disabled people are subject to appalling crimes because of their disability. Many are unaware that incidents such as name calling, harassment and intimidation can be criminal offences and should be reported to the police straight away. We are working hard to catch offenders and support victims and would ask anyone who has been subject to this crime to come forward. This type of behaviour is entirely unacceptable and will not be tolerated and those responsible will be brought to justice."
 

HIV Hate Too?

If you have been a victim of HIV or disability hate crime, you can contact

• George House Trust services team by email or by phone 0161 274 4499
• Breakthrough UK
• The Working It Through Together Project at Breakthrough UK runs a Disability Hate Crime Helpline for Greater Manchester     0161 882 2213        on Wednesdays between 2pm - 6pm, and you can leave a message on the ansaphone outside this time.
• your local neighbourhood policing team at www.gmp.police.uk or by calling 0161 872 5050
   

Working It Through Together  staff are also available on the main Breakthrough UK phone number       0161 273 5412       on Monday - Friday between 9 and 5, or by e-mail.
 

Source

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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Gay-Hate and HIV-Hate

posted: 01/04/2010

Blow the Whistle on Gay Hate is the name of a new booklet for gay and bisexual men about challenging gay hate, stigma, blaming, and abuse. This booklet could help people with HIV blow the whistle on HIV hate. Whether it is hate because of HIV, race, sexuality, gender, or disability, what you can do about it is much the same, so this booklet should help people with HIV, whether or not you are gay.

download the booklet Blow the Whistle on Gay Hate

HIV Hate Action

Have you been

• hit
• called names
• spat at
• had your things stolen or damaged

because of HIV?

That's harassment and it is a crime.

A new project helps people dealing with HIV harassment including HIV called Working it Through Together. It's run by Breakthrough UK, who are based in Manchester.

contact Working it Through Together 0161 273 5412

Official Hate Inquiry

HIV hate is also on the agenda for an official Inquiry into hate and harassment of people with disabilities (HIV counts in law as a disability). The Equalities and Human Rights Commission has started a formal Inquiry.

This is a serious step - it means they know the law is not working as it should. Public bodies (like councils and the NHS) have a legal duty to get rid of disability (including HIV) harassment but recent cases show councils are failing. 

After this formal Inquiry the Equalities and Human Rights Commission can order public bodies to do things. We think this is a great opportunity to push for some real action against HIV stigma from public bodies. We're working with NAT on this and have told the EHRC they should include HIV in their Inquiry. More details here   

Stonewall Gay Hate pages