Clause 73 modernises and strengthens the law on the administration of harmful substances, including offences commonly referred to as spiking. It repeals outdated provisions in the Offences against the Person Act 1861, specifically sections 22 and 23, and replaces section 24 with a more comprehensive and clear offence.
Spiking can have a devastating and long-lasting impact on victims, both physically and psychologically. Victims often experience immediate symptoms, such as nausea, disorientation, memory loss and the loss of consciousness, placing them at serious risk of harm, including assault or injury.
Beyond the immediate physical danger, the psychological effects can be profound and enduring. Many victims report anxiety, depression, post-traumatic stress disorder and a persistent sense of vulnerability or fear, particularly in social situations. The trauma is often compounded by the fact that victims may be unable to recall events clearly, leading to feelings of confusion, helplessness and self-doubt. Furthermore, the social stigma and lack of visible support can discourage victims from reporting incidents, deepening the emotional toll.
Spiking undermines a person’s basic sense of safety, and its impact can ripple far beyond the initial incident, affecting relationships, social confidence and overall mental health. Between May 2022 and April 2023, the police received 6,732 reports of spiking incidents, including 957 involving needle spiking. On average, around 561 reports were made each month.
Despite the volume of reports, gathering reliable national data on spiking remains challenging. There is currently no comprehensive dataset that accurately reflects the prevalence of the crime. Although the Ministry of Justice records data on certain offences, it logs only the principal offence for which a person is convicted and sentenced. Since spiking can fall under a variety of criminal charges, it is difficult to determine how often it leads to prosecution or conviction. The police do collect incident-level data, and some campaign groups conduct surveys, but these sources do not provide a full picture of how widespread, or effectively prosecuted, spiking is.
Under proposed new section 24 of the 1861 Act, it is an offence to unlawfully administer or cause another person to be administered a harmful substance, with a “harmful substance” being defined as
“any poison or other destructive or noxious thing”,
with the intent to injure, aggrieve, or annoy. This modernised wording explicitly covers a broader range of harmful conduct, including situations in which harmful substances are covertly introduced into a person’s drink or otherwise ingested without their knowledge or consent, which has been an issue of growing public concern in recent years.
The offence carries serious penalties. On summary conviction in a magistrates court in England and Wales, an offender may face up to the general maximum term of imprisonment or a fine, or both. In Northern Ireland, the summary conviction maximum is six months’ imprisonment or a fine up to the statutory limit, or both. On indictment, the maximum penalty increases to 10 years’ imprisonment or a fine, or both. By updating this area of law, the Government will ensure that the criminal justice system has a more robust and relevant tool to tackle spiking and related offences, enhancing victim protection and enabling tougher sentences where appropriate.
The charity Stamp Out Spiking, which has long campaigned for a dedicated spiking offence, described the proposed new offence as
“a rallying call to empower victims”
to report incidents. However, the charity also emphasised that the new law is just one element of a broader solution. It stressed that effective collaboration between police, transport providers, venues and support organisations such as Stamp Out Spiking is essential to creating safer environments and rebuilding public confidence in nightlife and public spaces. Does the Minister accept that legislation alone is not enough and that a co-ordinated strategy involving education, prevention and enforcement is needed to truly tackle spiking? Will she commit to furthering the delivery of a joined-up approach to tackling spiking?
Amendment 44 expands the scope of intent behind the offence of administering harmful substances, including by spiking. By inserting the words “take revenge on, prank” after “aggrieve”, the amendment makes it clear that the offence applies not only when a person administers a harmful substance with the intention to injure, aggrieve or annoy, but when the intent is to take revenge or play a prank. That broadens the legal coverage of the offence to reflect real-world cases in which spiking is carried out as an act of retaliation or as a so-called joke. It would ensure that such behaviour is recognised as criminal regardless of whether the perpetrator believed it to be harmless or amusing.
Take the example of Gillian Reilly, a nursing student who experienced a harrowing incident when a friend spiked her drink as a laugh during a celebration at her university’s students’ union bar. Initially attributing her symptoms—dizziness, sharp stomach pains and violent nausea—to overconsumption of alcohol, she soon realised that something was amiss. Her condition deteriorated to the point where she feared for her life. She said:
“I felt so unwell I honestly thought I was going to die.”
The revelation that a friend was responsible for the spiking was particularly shocking, highlighting that threats can come from familiar individuals, not just strangers. The incident underscores the severe physical and psychological impacts of spiking, and emphasises the need for increased awareness and preventive measures, particularly in university settings.
The Alcohol Education Trust said that spiking cases always surge during the first term of the new academic year, but that suspected incidents had reached frightening new levels, with the National Police Chiefs’ Council revealing that there were 198 spiking incidents, including 24 via injection, across the UK in just two months.
The Drinkaware monitor survey from 2022 showed that, in most cases, no additional crime had occurred after an individual was drugged. However, where an additional crime did take place, 8.4% involved so-called pranks. That suggests that such a mentality is relevant to the intentions behind the offence. If we are to legislate on this matter, we must ensure that robust laws are in place to support effective prosecution.