The government has announced via the King’s Speech that they are set to introduce new legislation to make spiking a specific criminal offence. They state that creating a new specific offence would improve the police’s response to incidents and provide better protection for victims.
What is Spiking?
Spiking is when someone puts alcohol or drugs into someone’s drink or body without their consent or knowledge.
Examples of spiking can include the following:
Putting alcohol or prescription or illegal drugs, into someone’s drink without their knowledge or consent.
Injecting someone with prescription or illegal drugs without their knowledge or consent.
Putting prescription or illegal drugs into someone’s food without their knowledge or consent.
Putting prescription or illegal drugs into someone’s cigarette or vape without their knowledge or consent.
The Current Law
Spiking is currently charged and prosecuted under the Offences against the Person Act 1861. Under Section 24 it is an offence to unlawfully and maliciously administer, or cause to be administered, any poison or other destructive or noxious thing with intent to injure, aggrieve or annoy such person. This offence carries a maximum penalty of 5 years imprisonment.
The Sexual Offences Act 2003 covers instances of spiking where the victim is sexually assaulted. Section 61 makes it an offence to intentionally administer a substance, or cause that substance to be administered, when the Defendant knows that the victim does not consent, and they have the intention to overpower the victim, so they are able to engage in sexual activity with them. This offence carries a maximum sentence of 10 years imprisonment.
Proposed Changes
As you can see the current law is outdated and comes under different legislation depending on the type of offence. A new specific offence would clarify this area of law and make it clear that the act of spiking is a criminal offence. This clarification should lead to more victims reporting this as a crime and help the police with identifying spiking more easily. Improving awareness of the offence and education and training for police and other bodies should increase the number of prosecutions of offenders.
The new spiking law will apply in England and Wales once it comes into force.
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