Keir Starmer has told the country the government is planning to introduce a new law for drink spiking – the act of adding drugs to a person’s drink – that will make it a criminal offence. This is meant to be a response to the continued rise in drink spiking cases which according to figures covering the 12 months up to April 2023 reached 6,732 reported incidents.

The Prime Minister said the new law on drink spiking is being considered to reinforce the government’s promise to crack down on violence against women and girls:

“My government was elected on a pledge to take back our streets, and we will never achieve this if women and girls do not feel safe at night,” Starmer said in a statement on Sunday. Cracking down on spiking is central to that mission.”

Under the government’s proposed plans, it is hoped the creation of a specific criminal offence will increase reporting and provide a stronger deterrent to would be spikers. In addition, staff in pubs, bars, and clubs will be trained to spot and prevent incidents during a new pilot programme. If this is successful, there will be a wider national rollout next year.

What is spiking?

Drinks can be spiked with more alcohol, or with prescription or other illegal drugs. Ketamine, gamma hydroxybutyrate (GHB), and Rohypnol are the most common. Usually, the substance is added to people’s drinks but it can also be put in food or vapes or, in extreme cases, by injecting someone with a needle.

In terms of where the incidents take place, 80% occur in public places. Of these, more than half take place in bars and nightclubs. University and college campuses and festivals are also increasingly at risk.

What will the new laws on drink spiking change?

While the reported extent of the problem certainly warrants the introduction of its own criminal offence and supporting legislation, many have pointed out that drink spiking offences are currently covered by more than one law, most notably the Offences Against the Person Act (1861).

Under the relevant legislation, “maliciously administering poison so as to endanger life or inflict grievous bodily harm” or “with intent to injure, aggrieve, or annoy that person” carry maximum prison sentences of 10 and 5 years respectively.

Moreover, if the spiking causes permanent injury, the accused can be charged with grievous bodily harm which carries a potential life sentence. Alternatively, if the spiking enables a sexual offence, the accused can be charged with “administering a substance with intent to engage in non-consensual sexual activity” for which a Crown Court can impose a custodial sentence of up to 10 years.

However, the real problem with utilising the current legislation is that in contrast to the growing number of cases being reported after the event – usually the day after – there are very few instances of anybody actually being spotted committing the crime. This is because it literally takes seconds. With this in mind, it’s arguable the new training scheme for hospitality staff won’t make a significant difference.

Aside from the fact that there is existing legislation the police can use to charge someone accused of spiking drinks, according to a survey by Stamp Out Spiking UK less than 3% of cases are ever reported. This statistic is supported by the associated prosecution levels. These remain low and the cases that do reach court tend to be the ones in which the spiking has involved a sexual offence, an assault or theft. This diminishes victims’ confidence to come forward.

Worse still, Spike Aware UK have found that in the experience of the victims they have worked with, they found the police slow to react. In the words of the charity’s CEO Dawn Dines victims are “let down right throughout their journey”, from the time the crime is reported, through the evidence and sample gathering processes and the questioning of suspects.

As such it has been suggested by some the new law could end up as a cosmetic gesture from the government.

Stemming the growth of the drink spiking problem certainly appears to warrant new legislation and we will monitor progress. In the meantime, if you would like to discuss a case involving spiking, sexual assault or physical assault, please contact our experienced criminal barristers today.