Antigua and Barbuda

Last updated on: 27 April 2012

Criminalisation of HIV transmission/exposure

Antigua and Barbuda
Whether Specific law enacted: 
No
Number of people prosecuted: 
None known
Number of people convicted: 
None known
Applicable law: 

Offences against the Person, 1873.  Chapter 300.

The Public Health Act 1957, Chapter 353

Key wording in the law: 

Offences against the Person, 1873.  Chapter 300.

Section 43. Common assault or battery

Section 44. Aggravated assault on females, and boys under the age of 14

Section 48.  Assault occasioning bodily harm

The Public Health Act 1957, Chapter 353 Declaration of infectious disease.

Key Cases: 

None known

Discussion: 

Offences against the Person, 1873.  Chapter 300.

Common assault or battery

Section 43. When any person unlawfully assaults or beats any other person, any Magistrate, upon the complaint by or on behalf of the party aggrieved, praying him to proceed summarily on the complaint, may hear and determine such offence, and the offender shall, on summary conviction, at the discretion of the Magistrate either be imprisoned, with or without hard labour for any term not exceeding two months, or else shall forfeit and pay such fine as shall appear to the Magistrate to be meet, not exceeding the sum of one thousand dollars, together with costs (if ordered).

Aggravated assault on females, and boys under the age of 14

Section 44. When any person shall be charged before a Magistrate with an assault or battery upon any male child, female, and whose age shall not, in the opinion of such Magistrate, exceed fourteen years, or upon any female, either upon the complaint of the party aggrieved or otherwise, the said Magistrate, if the assault or battery is of such an aggravated nature that it cannot, in his opinion, be sufficiently punished under the provisions hereinbefore contained as to common assaults and batteries, may proceed to hear and determine the same, and every such offender shall be liable on summary conviction, to be imprisoned, with or without hard labour, for any period not exceeding six months, or to pay a fine, not exceeding (together with costs) the sum of five thousand dollars and, if the Magistrate shall so think fit, in any of the said cases, shall be bound to keep the peace and be of good behaviour for any period not exceeding six months from the expiration of such sentence.

Assault occasioning bodily harm

Section 48. Whosoever is convicted, upon an indictment, of any assault occasioning actual bodily harm shall be liable to be imprisoned for any term not exceeding five years, with or without hard labour; and whosoever is convicted, upon an indictment, for a common assault shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour.

The Public Health Act 1957, Chapter 353

Declaration of infectious disease.

100. The Governor-General may by proclamation declare any disease (in addition to the diseases mentioned in section 2) to be an infectious disease or a dangerous infectious disease within the meaning of this Act, and so long as the proclamation remains unrevoked, the disease specified therein shall be deemed to be an infectious disease, or a dangerous infectious disease, as the case may be.

Removal to isolation hospital.

107. (1) Where any suitable hospital or place for the pemoval to isolation hospital. reception of the sick, established and maintained from public funds, is provided, any person who is suffering or suspected to be suffering from an infectious disease, and is without proper lodging or accommodation, or is so lodged that proper precautions cannot be taken for preventing the spread of disease, or is lodged in any common lodging house, or is on board a ship, vessel or aircraft, may, on a certificate signed by the Medical Officer of Health, the medical officer of health of the district or any medical practitioner authorized by the Board, and with the consent of the persons in this section mentioned, be removed by order of any Justice or Magistrate, to such hospital or place at the cost of the Board; and such person may be detained at such hospital or place so long as he continues in an infected condition, and any police officer or any person authorized by the Medical Officer of Health engaged or aiding and assisting in such removal may for the purpose of such removal break into any house or any building whatsoever and may break open any door in any such house or building.

(2) An order under this section may be addressed to any police officer or officer of the Board; and any person who wilfully disobeys or obstructs the execution of such order shall be liable on summary conviction to a fine not exceeding five hundred dollars.

Infected person not to carry on occupation

108. (1) (2) If any person-

(a) while suffering from an infectious disease, wilfully exposes himself without proper precautions against spreading the disease in any street, public place, shop, hotel or public conveyance; or

(b) being in charge of any person so suffering, so exposes such sufferer, or causes such sufferer to be so exposed,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars.

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