No decline in HIV testing in Scotland following Stephen Kelly case

In February 2001, Stephen Kelly of Glasgow, Scotland was convicted of “culpable and reckless conduct” in having unprotected sex with his partner Anne Craig after he knew he had been infected with HIV. Kelly was one of at least 14 persons who had contracted HIV in 1993 through injecting drug use while serving a custodial sentence at Glenochil prison, Scotland. Kelly informed Craig of his HIV status after she began showing symptoms of HIV infection. She tested HIV-positive. On 15 March 2001, Kelly was sentenced to 5 years in prison. The case made British legal history as it was the first conviction of its type in the UK.

The police investigation drew upon medical records which Kelly had previously been promised would remain confidential. Intense media interest in the case led HIV researchers, charities and health care workers to ask the question “Will this conviction have a detrimental effect on the number of people coming forward for voluntary HIV testing?”

Research presented today at the 14th International AIDS conference in Barcelona has revealed that in the 6 month period following the trial of Kelly (March to August 2001), increases in the number of HIV tests carried out in NHS laboratories in Scotland and in the Greater Glasgow Health Board were observed when compared to corresponding figures for similar time frames during the previous two years. A total of 7987 tests were carried out March- August 2001 compared to 6868 in the same period in 2000 and 6894 in the same period in 1999.The increase was particularly apparent among people who had indicated their risk factor as being heterosexual contact.

The period March to August 2001 yielded 64 new positive results throughout Scotland. This compares with 66 positives and 65 positives during the same six month period in 2000 and 1999 respectively.

The number of HIV tests carried out in greater Glasgow (482) and Scotland (1479) during March 2001, were the highest monthly totals recorded since national surveillance began in November 1988.

Whilst the necessary information is not available to directly attribute the increases in testing to interest or public awareness aroused by the Stephen Kelly case, it can be stated that the trial has not had any apparent detrimental effect on the numbers of HIV tests carried out at either a national or local level.