In today’s King’s Speech (17th July 2024), a key legal change will be introduced: the creation of a standalone offence for spiking.
This move aims to address the increasing concern for public safety. In London, for example, over 100 people are allegedly spiked each month, an issue that is growing in number month on month.
The government’s proposal, expected to be part of a larger group of legal changes, shows a commitment to tackling this behaviour more effectively. While the law’s primary focus is protecting victims, it also introduces new complexities for those accused of this crime.
What is spiking?
Spiking involves the insertion of drugs or alcohol into another person’s drink or directly into their body without their consent. This act poses severe health risks and violates the victim’s autonomy, often leaving them vulnerable to further crimes such as sexual assault.
The creation of a ‘specific offence’ for spiking is designed to make it more straightforward for law enforcement to prosecute these cases and provide clearer deterrence against potential offenders.
How spiking is currently treated by the law
Currently, spiking incidents are prosecuted under broader legislation, categorising it under either assault or poisoning. While this approach has been effective to an extent, it often results in complicated legal proceedings that can be challenging for both victims and the accused.
Labour has advocated for this new dedicated offence, arguing it will improve the police’s ability to respond to and investigate these crimes.
In 2023, police in England and Wales recorded 6,732 incidents of spiking, with a significant number involving needle spiking. The Metropolitan Police highlighted a 13% increase in drink-spiking cases between July and December 2023 compared to the same period in 2022.
Despite these figures, the National Police Chief’s Council has noted that spiking is likely underreported due to the rapid metabolisation of drugs, which makes evidence collection and conviction challenging.
The proposed legal changes for spiking
The new law is likely to impose strict penalties for those found guilty of spiking. It may include up to 10 years in prison based on the current legislation. If other offences are committed at the same time, the sentence may be even higher.
This approach aims to send a clear message about the gravity of the offence and the commitment of the justice system to protect individuals from such violations. It’s also important that the police complete any new procedures and correctly follow evidence collection processes, as this has caused difficulties in the past.
What do our experts think?
“As with any new legislation, we expect to see an increase in charges as the criminal justice systems begins to navigate the offence. We sometimes see confusion with how offences are charged and the application of new legislation when put into practice, so it is vital for those facing allegations contact a solicitor early on in proceedings. We will keep abreast of the developments to the law as they are announced and await guidance on sentencing.”
Rachel Mason, Solicitor
If you find yourself facing allegations of spiking, take prompt steps to secure legal support. At Slater Heelis, our award-winning criminal defence team is here to support you every step of the way.
You can contact a member of the team at 0330 111 3131 or via our contact form.