Spiking: Alcoholic Drinks
(asked on 1st February 2022) - View Source
Question to the Home Office:
To ask the Secretary of State for the Home Department, what laws are in place to protect people from having their drinks spiked; and what penalties do those laws carry.
A range of criminal offences are in place to deal with this behaviour. The precise offence committed will depend on the facts of the individual case but the offences available to the police and Crown Prosecution Service include the following:
Section, Act | Description | Penalties |
S.18 Offences Against the Person Act 1861 | Wounding with intent to do grievous bodily harm | The maximum penalty for this offence is life imprisonment. |
S.20 Offences Against the Person Act 1861 | Inflicting bodily injury, with or without weapon. | The maximum penalty for this offence is imprisonment for a term not exceeding 7 years. |
S.23 Offences Against the Person Act 1861 | Maliciously administering poison, &c. so as to endanger life or inflict grievous bodily harm. | The maximum penalty for this offence is imprisonment for a term not exceeding 10 years. |
S.24 | Maliciously administering poison, &c. with intent to injure, aggrieve, or annoy any other person. | “To be kept in penal servitude for life” – No specific sentencing |
S.47 | Assault occasioning bodily harm. | “To be kept in penal servitude” – No specific sentencing |
S.61 Sexual Offences Act 2003 | Administering a substance with intent to engage in a non-consensual sexual activity | On summary conviction: Imprisonment not exceeding 6 months or a fine not exceeding the statutory maximum, or both. |
On conviction on indictment: Imprisonment for a term not exceeding 10 years. | ||
S.39 Criminal Justice Act 1988 | Common assault and battery | Imprisonment not exceeding 6 months or a fine not exceeding the level 5 on the standard scale, or both. |
We have listened closely to the concerns that have been raised about the lack of a specific spiking offence. The Home Office is now considering a criminal offence to target this behaviour directly and this work is ongoing.