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New Spiking Legislation and Safety Measures
Drink spiking laws have recently been revised in response to a significant rise in cases across the UK – with the number of recorded incidents increasing by more than five times within the last five years, according to a report in late 2023.
This new spiking legislation includes tougher sentencing guidelines, an increase in awareness-raising activities and training and a range of other measures designed to tackle this specific and highly prevalent crime.
Spiking is a very serious offence that can have significant repercussions affecting its victims’ physical and mental health. With authorities now primed to respond more forcefully to reported incidents, those facing allegations of spiking risk major penalties.
For this reason, it is vital to understand the new legal landscape when it comes to spiking offences. In this article, the team of expert solicitors at DPP Law explores the new spiking legislation and explains what you should do if you’re concerned you may be accused of spiking.
New Spiking Legislation
First introduced on 18th December 2023, the UK government’s major crackdown on spiking features a multifaceted roster of approaches. In the long run, these will include:
- Improved training for venue staff to help them recognise signs of spiking perpetration and victimhood
- Support and consultation for higher education bodies
- The rolling out of publicly available guidance and the implementation of new anonymous online reporting tools
- The development of spiking test kits for real-time use
- Increased police presence during notable weeks of the year
- Adjustments to the s182 Licensing Act 2003 to include “measures to prevent incidents of spiking”
The new spiking legislation also positions spiking as a standalone offence and clarifies sentencing guidelines.
Standalone offence
Adjustments to UK law now position spiking as a standalone offence in its own right. This was set out in the first King’s speech of Keir Starmer’s Labour government in July 2024.
Prior to this change, the offence was triable as assault or as part of the Offences Against the Person Act. It is hoped that the new approach will offer a sense of clarity and new ease with which it may be reported, along with stricter penalties.
Penalties
In tandem with this change of legal definition, spiking convictions will now usually result in custodial sentences. In many cases, these sentences can reach ten years without aggravating circumstances. Where those circumstances are present, the sentence may extend further.
It is worth noting that, along with securing a potential custodial sentence for the perpetrator, the victim may also be able to apply to the Criminal Injuries Compensation Authority to recover damages.
This is usually applicable if the spiking incident led to an assault – either physical or sexual offence – or if the situation resulted in the victim suffering health complications such as a seizure or stroke.
Legal process and defence
Below, we’ll explore what a spiking charge means and explain the best way to build a defence to prove innocence.
Understanding the charges
When a person is charged with spiking, it means that the police have sufficient reason to believe that the individual in question took clear steps to:
“Maliciously administer, cause to administer or cause to be taken by any other person any poison or destructive or noxious thing, such as to endanger their life, cause them grievous bodily harm, or intentionally injure, aggrieve, or annoy them.”
Gov.uk Spiking Factsheet, Published 21 December 2023
This could include:
- Secretly – and without permission – adding alcohol or drugs into someone’s food or drink, cigarette or vape
- Injecting someone with drugs without their permission
Building a defence
Allegations of spiking may be refuted if the accused can prove that a person’s intoxication was voluntary, rather than involuntary. If you have been falsely accused of spiking another person, being able to provide evidence that they either administered the substance in question themselves or asked you to do so on their behalf can mean all the difference to the verdict.
Evidence and challenges
Evidence of spiking can range from circumstantial (or “indirect”) to direct.
Circumstantial evidence can be defined as a perceived aspect of a case that may lead to a conclusion being drawn, rather than presenting irrefutable direct proof.
For example, if CCTV footage shows that the alleged victim of spiking and the alleged perpetrator of the offence were interacting at the same venue on the same evening, but does not capture the spiking incident itself, this should be considered circumstantial.
However, if the footage captures the alleged perpetrator adding something to the alleged victim’s drink while they were not present, a noxious substance is later found as part of a spiking test kit carried out on the alleged victim, a container is located in the pocket of the clothing that the alleged perpetrator was wearing on the night in question – and that container holds the residue of that same noxious substance – all of this combined should be considered direct evidence.
Circumstantial evidence alone is rarely sufficient to secure a conviction. However, it can significantly strengthen a case if presented alongside direct evidence.
It may be possible for a person accused of spiking to refute the proof offered by the prosecution by arguing that the evidence presented is being misinterpreted. Below, DPP Law will explore this in a little further detail.
Common evidence issues
It can be difficult to prove that a person has been spiked if the substance in question has not been detected and defined, leaving the defence with greater opportunity to argue that the victim was simply inebriated as a result of alcohol or drugs that they took themselves.
It is worth noting that many substances pass through the body very swiftly, leaving little to no trace. For this reason, it is vital for victims of spiking to access a test kit as quickly as possible to gather physical evidence.
Misinterpretation of evidence
It is possible for witnesses and even authorities to misinterpret apparent evidence of spiking. While extreme voluntary intoxication can be confused with the effects of spiking, even the act of adding a substance to someone’s drink may not necessarily be nefarious.
For example, pouring a spirit into a friend’s drink from a hip flask – at their request – could be witnessed by a person who does not know the full context of the scenario. With new spiking legislation now being taken extremely seriously by law enforcers, innocent interactions of this kind can be enough for allegations to be made.
Recent Initiatives and legal support
Below, we’ll go through some of the safety measures currently in place, along with the legal support available for both victims and those who have been wrongly accused.
Impact of safety measures
A number of initiatives have recently been introduced to help protect potential victims of spiking. These include the aforementioned additional training for bar and event staff, other businesses and educational institutions, bystander awareness support, the provision of drug testing equipment and additional support for anti-spiking campaigns.
Many organisations have also started to produce practical tools like drink toppers and personal alarms, while additional security resources like CCTV cameras have been installed in hotspots across the country.
While many of these new measures are relatively new, authorities hope that they will serve to drastically reduce the number of spiking instances countrywide.
Legal Resources
If you are being wrongly accused of a spiking offence, it is vital that you seek legal support as soon as possible.
DPP Law offers excellent legal aid and advice for anyone concerned about false allegations of spiking.
We will help you to refute any accusations that are made and to gather strong evidence to prove your innocence. Should your case go to court, DPP can represent you, helping you to argue against any evidence that is presented by the prosecution and enabling you to achieve the best possible outcome.
What should you do if you have been accused?
For urgent support and advice, call DPP’s 24-hour emergency line today. We promise that you will receive a response 7 days per week, 365 days a year.
