The criminalization of HIV transmission in England and Wales: a brief review of the issues arising.

PURPOSE OF REVIEW: The HIV virus has been present in our society for more than two decades. Although there was originally much academic interest in the possibility of prosecuting for the reckless transmission of HIV in England and Wales, it was thought impossible by many (including the government) under existing legislation. The first prosecution in England in 2003 (following the first UK prosecution in 2001, in Scotland) provoked a great deal of surprise not least in the HIV voluntary sector, which has since been campaigning for the cessation of such prosecutions. This review examines the law in this area and provides an understanding of the development of the ethical and other issues involved.

RECENT FINDINGS: Since 2003 there have been seven further convictions for the reckless transmission of HIV in England and Wales. These prosecutions have led to several responses that are discussed here and the current developments in this area outlined.

SUMMARY: Whether it is right to prosecute the reckless transmission of HIV remains a controversial, pressing question. This brief article aims to dissect and question the relevant issues and help inform this debate.