Transmission of HIV as a criminal offence

This chapter aims to provide information on the criminal law as it relates to HIV exposure and transmission. It will primarily focus on the law in England and Wales. This is because both the criminal law and prosecution policy are the same in these two jurisdictions.

In addition, brief mention is made of the English public-health laws, although these are explored in more detail in the following chapter. Whilst most English public-health law also includes Wales, the 2010 Health Protection Regulations (and the HIV-related guidance from the Department of Health) only covers England.

Scotland has its own criminal and public-health laws, but there is neither HIV-related prosecution policy, nor HIV-specific health-department guidance.

Northern Ireland (NI) has similar criminal laws to England and Wales, but no HIV-related prosecution policy, and different public-health laws with no specific guidance on HIV-related issues.

The information contained in this section is not legal advice. To obtain legal advice, please call THT Direct on 0845 1221 200 for referral to a legal expert.

Acknowledgements

Written by: Edwin J Bernard

With thanks to: Robert James (Birkbeck College), Catherine Murphy (Terrence Higgins Trust)

This content was checked for accuracy at the time it was written. It may have been superseded by more recent developments. NAM recommends checking whether this is the most current information when making decisions that may affect your health.