EXISTING LAWS ON SPIKING IN THE UK
Spiking is a serious crime, but it is not defined and classified as a separate criminal offence. As a result, there is very little data held within police databases for the number of spiking incidents committed each year, leading to under resourcing of efforts to prevent and investigate spiking cases.
Currently, spiking is usually prosecuted under existing laws such as:
Offences Against the Person Act 1861: Spiking often falls under Section 23 of this act, which covers “maliciously administering poison or noxious substances so as to endanger life or inflict grievous bodily harm.”
Convictions under this law carry significant penalties, with potential prison sentences of up to 10 years. However, law requires there to be proof of malicious intent behind the spiking incident.
Sexual Offences Act 2003: Spiking is often linked to sexual assault or rape, as it can be used to incapacitate a victim. If a person is spiked and subsequently sexually assaulted, the perpetrator can be prosecuted under this act, which provides for life imprisonment in cases of rape.
However, the act does not specifically address the act of spiking itself unless sexual assault follows.
Misuse of Drugs Act 1971: If spiking involves controlled drugs like GHB, ketamine, or Rohypnol, the offender can be charged with drug-related offences.
The possession or administration of controlled substances without consent is punishable by law, but this is treated primarily as a drug crime, not as an assault.
Fraud Act 2006: In some cases, spiking is used to facilitate robbery or other forms of theft. If someone spikes another person to steal from them, it may be prosecuted under the Fraud Act, which criminalizes deception for personal gain.
However, this focuses on theft rather than the act of spiking.
While these laws provide a legal basis to prosecute offenders, none of them specifically address the act of spiking as a unique and separate crime. This creates significant challenges in tracking and responding to spiking incidents, as the crime is masked broader categories like poisoning, sexual assault, or drug offences, and not separately recorded.
STAMP OUT SPIKING’S CAMPAIGN EFFORTS
In 2021, Stamp Out Spiking conducted a Freedom of Information (FOI) request to all police forces in the UK to gather data on spiking reports. The findings highlighted a crucial gap in the current legal and reporting framework: spiking is not recorded as a separate crime in police databases. As a result, the data on spiking incidents is fragmented and limited, making it difficult to accurately assess the scale of the problem.
Key findings from the FOI request included:
- Police forces across the UK do not have a consistent method for recording spiking incidents. Instead, they are typically logged under broader categories like poisoning, sexual assault, or robbery, depending on the circumstances of the case.
- Many spiking incidents go unreported or are not formally logged because victims may be unaware they have been spiked until later, or they may not feel comfortable reporting the crime.
- The lack of a specific category for spiking makes it difficult for law enforcement and policymakers to track trends, allocate resources, or develop targeted interventions.
This lack of clear data has hampered efforts to address spiking comprehensively. Without reliable statistics, it is challenging to understand the full extent of the problem or to measure the effectiveness of prevention and prosecution strategies.
Since 2021, Stamp Out Spiking has campaigned for a change in the law, including setting up online petitions. Finally, a change in law was announced in December 2023 and it has since been confirmed in the King’s Speech in July 2024.
RECOMMENDATIONS: Legal Reform
Our recommendations focus on creating a more robust legal framework to ensure spiking is treated as a serious crime with its own offence code and that offenders face appropriate penalties.
- Make Spiking a Separate Criminal Offence with its own criminal offence code
Recommendation: Spiking should be recognized as a standalone offence under UK law. This would allow law enforcement to classify and record spiking incidents separately from other crimes, such as poisoning or sexual assault.
Rationale: Creating a specific offence would make it easier to track spiking incidents, collect reliable data, and prioritise resources for prevention and prosecution. It would also ensure that perpetrators are held accountable for the act of spiking itself, rather than relying on broader charges that may not fully capture the severity of the crime.
- Mandatory Reporting of Spiking Incidents by Venues
Recommendation: Introduce legislation requiring bars, nightclubs, and other licensed venues to report any suspected or confirmed spiking incidents to local authorities.
Rationale: Currently, many spiking incidents go unreported or are not formally logged by venues. Mandating reporting would ensure that incidents are documented and investigated. It would also encourage venues to take proactive steps to prevent spiking, such as training staff and improving security measures.
- Harsher Penalties for Spiking
Recommendation: Increase the penalties for spiking-related offences, including harsher sentencing guidelines for offenders.
Rationale: Spiking is a dangerous and often premeditated act that can have devastating consequences for victims. By increasing the penalties, the law would send a clear message that spiking is a serious crime with severe consequences. This would also act as a stronger deterrent for potential offenders.
- Standardised Recording and Reporting of Spiking by Police
Recommendation: Develop a national, standardised system for police forces to record spiking incidents, ensuring it has its own offence code.
Rationale: Currently, the lack of consistent data hampers efforts to tackle spiking effectively. A national system would ensure that all police forces follow the same protocols for recording, investigating, and reporting spiking incidents. This would provide a clearer picture of the problem and allow for more targeted interventions.