A Review of the CPS Policy and Guidance to Prosecutors on the Sexual Transmission of Infection - One Year On
1. Background
1.1 On 14 March 2008, following consultation with clinicians, charities, and community groups, the Crown Prosecution Service published a public policy statement and guidance to prosecutors to explain how it deals with cases involving the intentional or reckless sexual transmission of infection. The guidance for prosecutors addressed how the Code for Crown Prosecutors should be applied in such cases, together with witness and victim care issues.
1.2 At the time of publication, there had been ten convictions in England and Wales under section 20 of the Offences against the Person Act 1861 - all based on the reckless transmission of HIV.
1.3 Whilst such cases are rare, they are highly sensitive in nature. For this reason and to ensure consistency of approach, the guidance to prosecutors states that all cases in which a charge of intentional or reckless sexual transmission of infection might be preferred are to be notified to the Director's Principal Legal Advisor (PLA). This should be through the Head of the Group's Complex Casework Unit where there is one, or through the Chief Crown Prosecutor where there is not. This procedure was to be reviewed within 12 months of the publication of the guidance.
2. Review of casework
2.1 In the 12 months following the publication of the guidance, a total of five cases involving allegations of the unlawful sexual transmission of infection (all HIV cases) were notified to the PLA. Of these cases, one resulted in a male defendant pleading guilty to a charge of recklessly inflicting grievous bodily harm on a female, contrary to section 20 of the Offences against the Person Act 1861. The defendant was sentenced to one year's imprisonment.
2.2 Charges of recklessly inflicting grievous bodily harm were considered in four other cases. A trial is pending in one of these. In another case, two charges preferred against a male defendant of inflicting grievous bodily harm upon two females were discontinued as there was insufficient evidence to afford a realistic prospect of conviction. In two other cases, the CPS, at the pre-charge stage, advised that no further action be taken, again on evidential grounds.
2.3 A further case has been identified, in which a charge of inflicting grievous bodily harm was authorised, but this was not notified to the PLA in accordance with required internal procedures. In this case, a female contracted Hepatitis B after having had sexual intercourse on one occasion with the male defendant. The male pleaded guilty and was sentenced to two years' imprisonment.
3. Key Learning points
3.1 Whilst such cases involving the sexual transmission of infection are rare, they are highly sensitive in nature. For this reason, and in order to ensure consistency of approach, the requirement that the PLA be notified in all cases in which a charge of intentional or reckless sexual transmission of infection might be preferred must be emphasised and continued.
3.2 Successful prosecutions can only result if a strong factual case can be built around the scientific and medical evidence. The CPS must work closely with the police from the investigative stage onwards in order to ensure that cases proceeded with satisfy both the evidential and public interest stages of the test under the Code for Crown Prosecutors.
3.3 The CPS decision-making process in these cases has often taken some considerable time. As the cases can be a source of uncertainty and heightened anxiety for all parties concerned, care should be taken to ensure that advice is given in a timely fashion.
4. Future work
4.1 Reviewing lawyers should liaise with Group Complex Casework Unit Heads in order to ensure timely decision making in cases of this nature.
4.2 CCPs are reminded to ensure that all such cases are notified to the PLA either by them or through the Head of their Group Complex Casework Unit.
4.3 The CPS will continue to work with stakeholders and partner agencies to develop case studies for training and guidance purposes. These studies will also be made available for wider distribution as a learning tool.
4.4 The CPS will continue to contribute to the Association of Chief Police Officers' Steering Group on offences involving the intentional or reckless sexual transmission of infection.
5. Conclusion
5.1 The CPS policy and legal guidance to prosecutors on the sexual transmission of infection has proved to be broadly effective during the first 12 months following its publication. The CPS is grateful to its partner agencies and external stakeholders for their continued support and input.
5.2 Cases involving the intentional or reckless transmission of infection will continue to be referred to the PLA and the CPS will continue to monitor these cases.
ROGER K. DAW
Principal Policy Advisor & Director of Policy
July 2009
This is a public document. It is available on the CPS website: www.cps.gov.uk
Further copies of this document may be obtained from:
CPS Policy Directorate
Rose Court, 2 Southwark Bridge,
London, SE1 9HS
Telephone: 020 7796 8000
Email: hqpolicy@cps.gsi.gov.uk
© Crown Copyright 2009
