Public Interest in HIV Prosecutions
posted: 02/12/2009
Last night there was a panel discussion at City University, London on Criminal prosecutions for HIV transmission, which was a success. A speaker from the Crown Prosecution Service talked about when it is not in the ‘public interest’ to prosecute.
It seems the Crown Prosecution Service (CPS) is now changing its view on what is ‘the public interest’ – as a result of preparing its new policy on prosecuting assisted suicide. This is forcing it to look more carefully at what is the ‘public interest.’
HIV prosecutions not in the public interest
George House Trust will be looking to see how we can persuade the Crown Prosecution Service that prosecuting sexual transmission of HIV or any other infection is definitely not in the public interest.
When reckless HIV transmissions were first prosecuted, and when the Crown Prosecution Service was writing its first guidelines for HIV prosecutions, George House Trust (among others) argued very strongly that HIV stigma and discrimination and its consequences should all be considered as powerful public interest arguments against any HIV prosecutions.
We said it is never ‘in the public interest’ to drive people away from HIV testing and treatment of a life-limiting condition for fear of the law. The public health of very many people is significantly damaged by prosecuting very few (there have only been 15 HIV prosecutions).
Unfortunately we couldn't persuade the CPS to take the broad, social, view of public interest and the unintended consequences of prosecuting HIV transmission - a life-limiting condition subject to serious social stigma. But may be things are changing on the 'public interest' and how this is defined.
George House Trust will continue to work with the HIV sector and others to see whether we can persuade prosecutors now to take a broader view to consider unintended harms to public health and worsening stigma as part of the ‘public interest.’
Relevant consultations
Code for Crown Prosecutors is being redrafted and is open to public consultation - deadline Jan 11 2010
Consultation on prosecuting assisted suicide - deadline mid-December.
Consultation on Prosecutor's Core Standards especially the discussion of community engagement - deadline Jan 18 2010
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