Recently, LASS ran a workshop to provide up to date information about HIV & the Law. The law relating to the transmission of HIV is based on case law, as courts have responded to new situations by expanding the scope of existing legislation and setting precedents. This case law can only be created through contested trials or appeals.
The law used in England and Wales to prosecute people for HIV transmission is the Offences Against the Person Act 1861 (OAPA 1861), under the sections relating to ‘grievous bodily harm’ (GBH). Proving GBH originally depended on physical evidence – the existence of a mark, but in the 1990s, in the context of concern about the ineffectiveness of the law to deal with high profile cases of stalking, courts succeeded in broadening the definition to include psychological harm. This subsequently meant that the transmission of disease could be defined as a crime. For a detailed timeline of legal developments, visit AIDSMAP for for more information.
Our recent workshop provided participants with up to date information about HIV and the law, using recent research by Sigma Research, updates from the National AIDS Trust (NAT) and policy statements by the British HIV Association and the Expert Advisory Group on AIDS. The workshop consisted of a presentation by Birkbeck lecturer Robert James, group work analysis of case studies, and action planning.
Presented here, is a summary record of the workshop which can also be used as a general briefing on the issues relating to HIV transmission and the law. This document will be of particular interest to people in the health profession, legal profession, police and CPS who may be involved with possible prosecutions. It is highly relevant for health workers and other support workers for clients who may have a blood borne virus or may be vulnerable to other transmitted infections.
Obtain your copy of the report by clicking here.
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Tagged British HIV Association, case law, CPS, Expert Advisory Group on AIDS, GBH, grievous bodily harm, hiv, hiv and the law, hiv transmission, National AIDS Trust, Offences Against the Person Act, Offences Against the Person Act 1861, police, Robert James, Sigma Research, The workshop
LASS offer a range of training workshops to educate and inform on a variety of aspects on HIV. Heres our schedule from February to March 2014. All sessions include group discussions and some include guest speakers. Please book using the LASS training booking form (word) (pdf) and email it to firstname.lastname@example.org. ALternatively, please call 0116 2559995.
Friday 14th March 10.30 – 13:00
Elementary information about HIV, transmission, risks, testing and statistics. This will be of interest to anyone who currently has limited knowledge about HIV.
HIV & the Law
Friday 28th March: 09:30 – 13:30 (with Robert James)
A session to discuss the current situation about HIV & the Law – with information from the recent Keeping Confidence workshop organised by Sigma Research and Birkbeck College. (For full details and to book, please visit this post).
HIV and New testing opportunities workshop
Friday 11th April: 10:00 – 13:00
A workshop on home testing – exploring what the implications of home testing (e.g. inter alia competence in self testing, state of mind of the tester, social implications after receiving one’s result etc), what measures can be put in place in order to ensure it is a success e.g. working with kit providers such as pharmacies
Please note that sessions will start promptly and late comers may not be admitted to the session.
HIV & Relationships
Friday 25th April: 10: – 13:00
There will be several workshops on the theme of HIV & relationships with the objectives of exploring different topics including:
- Disclosure – talking about HIV Status with different people in your life
- Sexual Health Q & A
- Sero-discordant relationships
- Getting tested as a couple
- Family relationships and knowledge
HIV AND SEX FOR MONEY (DATE CHANGED)
FRIDAY 5TH MAY: 10:00 – 13:00 (NEW FUTURES)
We have had to postpone the above training session from February to Friday 5th May. We will set up eventbrite booking for this and will provide more information closer to the time of training.
Prostitution: Perception & ideology
- The aim of the session is to demonstrate how and why some people get involved in prostitution, try and dispel some myths and stereotypes of those concerned and why they may remain in the street and indoor prostitution (issues involved could be love for sex, supplementing income, not getting enough sex from partner etc, adventure)
- The session has been designed to demonstrate how prevailing belief systems about prostitution in society have a direct often negative impact on the lives of those involved
- The session will also explore the impact that being involved in prostitution has on an individuals’ health, welfare, education and sexual health
You can come along to one, two or all of them – what ever works for you.
Sexual Health Promotion Coordinator
Tel: 0116 255 9995
Fax: 0116 255 9979
HIV & The Law Update
Friday 28th March 2014 (09:30 – 13:30)
Venue: LASS (53 Regent Road, Leicester LE1 6YF)
Key speaker: Robert James from Birkbeck College, UCL
A workshop to provide up to date information about HIV & the Law, using recent research by Sigma Research, updates from NAT and policy statements by BHIVA and EAGA. The workshop will include discussion of the recent prosecution case in Leicester with the positive person being found guilty and sentenced to 4 ½ years in prison.
Participants will have greater understanding about:
- Current legal developments & trends regarding prosecution for transmission of HIV
- Possible challenges and alternative approaches to existing laws
- The issues people living with HIV may face during prosecutions, trial & sentence (defendant & accuser)
- Current Guidance and recommendations for health and VCS support organisation workers.
- Awareness of issues relating to disclosure and confidentiality.
This session will be of particular interest to people in the health profession, legal profession, police and CPS who may be involved with possible prosecutions. It is highly relevant for health workers and other support workers for clients who may have a blood borne virus or may be vulnerable to other transmitted infections. There have been prosecutions for transmission of other viruses.
Spaces are limited and free to residents of Leicester and Leicestershire. (A fee of £50.00 is payable for residents outside of Leicestershire).
For further information, please contact LASS on 0116 2559995.
Please book online using
Or scan this QR code for direct ticket information