HIV and Justice, a presentation by Aidan Collins of HIV Scotland, looking at criminal law and HIV. Presented on 21 February 2015 at the Positive Persons' Forum in Glasgow.

1. HIV and Justice
Aidan Collins

2. I’m going to talk about…
> Background
> What the law means
> Why people may / may not be prosecuted
> What HIV Scotland is doing

3. Background
 The law in Scotland
• ‘Assault’
• ‘Culpable & reckless conduct’
 Only 3 prosecutions BUT lots of concerns
• Impact on testing
• Lack of clarity & consistency
 2012 COPFS Guidance

4. When would prosecution be unlikely?
 If there was (free and informed) consent
 If the person accused was vulnerable or
manipulated
 If precautions were used
 If medical advice was followed (treatment)

5. When would prosecution be more likely?
 If the person had been misled
 If the person was vulnerable
 If there was a clear history of unprotected
sex and non-disclosure

6. What is HIV Scotland doing?
 Continuing to provide information and
talking at events like this
 Monitoring policy and practice
 Continuing to work with the COPFS
 Working with Police Scotland
 Is there anything else that you think we
should be doing?

7. THANK YOU!
aidan.collins@hivscotland.com