hiv and justice, a presentation by aidan collins of hiv scotland
TRANSCRIPT
![Page 1: HIV and Justice, a presentation by Aidan Collins of HIV Scotland](https://reader035.vdocuments.us/reader035/viewer/2022071819/55b20d36bb61eb726a8b475b/html5/thumbnails/1.jpg)
HIV and Justice
Aidan Collins
![Page 2: HIV and Justice, a presentation by Aidan Collins of HIV Scotland](https://reader035.vdocuments.us/reader035/viewer/2022071819/55b20d36bb61eb726a8b475b/html5/thumbnails/2.jpg)
I’m going to talk about…
> Background
> What the law means
> Why people may / may not be prosecuted
> What HIV Scotland is doing
![Page 3: HIV and Justice, a presentation by Aidan Collins of HIV Scotland](https://reader035.vdocuments.us/reader035/viewer/2022071819/55b20d36bb61eb726a8b475b/html5/thumbnails/3.jpg)
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
![Page 4: HIV and Justice, a presentation by Aidan Collins of HIV Scotland](https://reader035.vdocuments.us/reader035/viewer/2022071819/55b20d36bb61eb726a8b475b/html5/thumbnails/4.jpg)
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)
![Page 5: HIV and Justice, a presentation by Aidan Collins of HIV Scotland](https://reader035.vdocuments.us/reader035/viewer/2022071819/55b20d36bb61eb726a8b475b/html5/thumbnails/5.jpg)
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
![Page 6: HIV and Justice, a presentation by Aidan Collins of HIV Scotland](https://reader035.vdocuments.us/reader035/viewer/2022071819/55b20d36bb61eb726a8b475b/html5/thumbnails/6.jpg)
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?