The Crown Prosecution Service for England and Wales has issued, for public consultation, new guidance on criminal prosecution for the “sexual transmission of infections which cause grievous bodily harm.”1 It is likely to be used mostly in relation to HIV. Although this attempt to introduce standardised criteria for prosecutions is welcome, we have serious concerns about the public health impact of using the law to criminalise disease transmission.

People infected with HIV who are taking antiretroviral treatment are able to live relatively healthy lives, but those whose infection remains undiagnosed still face serious illness and death. There has never been a stronger imperative to encourage individuals at risk to come forward for testing so they can access treatment. In the face of a rapidly rising prevalence of HIV infection, there is an equally strong imperative for preventing transmission. This includes support for those infected, helping them work out how to avoid exposing their sexual partners to infection and dealing …