Northern Ireland

Number of reported cases At least 1 How do we calculate the number of cases

Overview

There have been no cases for sexual transmission of HIV, or other STIs, in Northern Ireland so far. The law is the same as in England and Wales except that a sentence for reckless transmission may be up to 7 years.

However, in 2016 a woman living with HIV was found guilty of assault occasioning actual bodily harm and sentenced to 5 months in custody for biting a police officer.

Laws

Offences Against The Person Act 1861, Sections 18 and 20

General criminal law (active)
Relevant text of the law
Offences Against The Person Act 1861, Sections 18 and 20
 
Section 18: Wounding with intent to do grievous bodily harm
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person …with intent, … to do some … grievous bodily harm to any person, [or with intent to resist or prevent the lawful apprehension or detainer of any person,] shall be guilty of an offence, and being convicted thereof shall be liable … to imprisonment for life.
 
Section 20: Inflicting bodily injury, with or without weapon
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanour, and being convicted thereof shall be liable … to imprisonment … for not more than seven years.

Further resources

Information for individuals living with HIV about the law in Northern Ireland (and other UK jurisdictions).

Resources for both individuals living with HIV, as well as those advocating on their behalf, on all aspects of HIV criminalisation in Northern Ireland (and other UK jurisdictions).

Explores use of the Offences Against the Person Act 1861 to prosecute people who have transmitted HIV infection to sexual partners in England, Wales and Northern Ireland. Examines evidence in cases of sexual HIV transmission and considers the likely impact that criminalising HIV transmission has on public health, especially HIV prevention. Includes recommendations.

This information was last reviewed in September 2020