Understanding Spiking: Current Laws and Labour’s Proposed Changes
Prime Minister Sir Keir Starmer has recently reiterated labour’s plans to coordinate action against spiking. In a post on X (formerly Twitter) he stated:
“Spiking will be made a criminal offence. My government was elected to take back our streets, central to this mission is making sure women and girls can feel safe at night. Perpetrators of spiking will feel the full force of the law”
Following Labour’s manifesto pledge to introduce a new law against spiking, police chiefs, industry executives and transport leaders have recently been invited to Downing Street to discuss this offence.
A new law on spiking?
The Prime Minister’s reference to making spiking a criminal offence may lead some to wonder, is spiking not already illegal? Spiking is illegal, however the current position involves the use of a variety of broader laws to prosecute perpetrators of this offence, as opposed to a stand-alone law referencing this specific type of incident. The government is proposing a new law aimed at addressing spiking in particular, in the hopes that this will send a clear signal about the seriousness of the crime, empower victims to report offences and instil public confidence in the ability of the justice system to deal effectively with perpetrators.
What is spiking?
The Metropolitan Police have defined spiking as follows:
“Spiking is when someone puts alcohol or drugs into another person’s drink or body without their consent or knowledge.
People can also be a victim of ‘needle spiking’, which is injecting someone with drugs without their consent.”
It is worth noting that spiking is an offence regardless of whether this is followed by an attack or assault.
The current law on spiking
Currently, the Offences against the Person Act 1861, which makes reference to the malicious administration of harmful substances, is the primary legislation used to prosecute incidences of spiking. The Sexual Offences Act 2003 is relevant for incidents where someone spikes a victim in order to sexually assault them.
Section 23 of the Offences Against the Person Act states that it is a crime to maliciously administer or cause another person to take a poisonous/destructive/noxious thing, such as to endanger their life or cause them grievous bodily harm. This crime carries a maximum sentence of 10 years imprisonment.
Section 24 of the Offences Against the Person Act states that it is a crime to maliciously administer or cause another person to take a poisonous/destructive/noxious thing, such as to intentionally injure, aggrieve, or annoy them. This crime carries a maximum sentence of 5 years imprisonment.
Other offences contained within the Offences Against the Person Act such as assault occasioning bodily harm, or wounding with intent to do grievous bodily harm, can also be used to prosecute relevant incidents of spiking.
Section 61 of the Sexual Offences Act 2003 covers administering a substance with the intent to engage in a non-consensual sexual activity. If convicted in a magistrates’ court, this crime carries a maximum sentence of 12 months imprisonment or a fine. If convicted in a Crown Court, this crime carries a maximum sentence of 10 years imprisonment.
The offence a perpetrator of spiking is charged with will depend on the specific facts of each individual case. A new law would consolidate existing offences into one coherent Act containing relevant offences in relation to spiking.
The Government have not yet indicated when the potential new law is intended to come into force.
If you would like to obtain legal advice on this issue, or a related topic, please contact one of our Criminal Defence experts to begin a discussion. Call 0330 822 3451 or request a callback.
