UK Prosecution and Policing Guidelines: working with country authorities to mitigate injustice

1. UK Prosecution and Policing Guidelines: working with country authorities to mitigate injustice Lisa Power, Terrence Higgins Trust July 2012, Washington

2. England & Wales • Prosecutions for transmission of HIV since 2003 • THT monitored cases from the start; national helpline • Collected notes on cases centrally; worked with other groups • Used findings to lobby for change

3. What did we find? • Poor understanding of HIV, transmission, risks, etc. from legal authorities • High levels of confusion about what was an offence • Attempts to charge with wide range of offences e.g. assault, rape, grievous bodily harm • Use of HIV charges as proxy for other offences • Severe misuse of scientific evidence • Considerable waste of resources and time investigating hopeless complaints

4. What did we do? • Worked with friendly police to document poor practice and get it acknowledged • Approached Crown Prosecution Service to get guidance based on this • Went back to police to get further guidance for them based on CPS rulings • Worked with authorities to check how guidance used

5. What did we get? • Defined limits of what is prosecuted • Defined process of approval for prosecutions • Clarity on issues of law – evidence, public interest, witness care • Advice for people with HIV about the issue • Ongoing relationship for trouble shooting

6. What did we learn? • You need good relationships to open doors • You can use human rights/equalities as a lever where these are respected • You can use precedent – other types of guidance • You need evidence of what’s wrong • You need to convince them change is in their interests • BUT – no system is perfect. We’re still arguing – but at least we’re talking.

7. Thanks to: Yusef Azad of NAT – our co-conspirators Edwin Bernard for the global comparators GNP for taking the issue seriously www.tht.org.uk