MEZIESBLOG

Spiking could become a specific crime after the prime minister promised new legislation to encourage more victims to come forward.

Staff in pubs, bars, and clubs will get special training in spotting and preventing incidents as part of a new pilot scheme, with a wider rollout next year.

How does spiking happen – and how widespread is it?

Spiking can be done with alcohol, illegal, or prescription drugs. 

Substances like ketamine and Rohypnol are mostly commonly added to people’s drinks, but they can also be put in food, vapes, or by injecting someone with a needle.

Police in England and Wales received 6,732 reports of spiking in the year up to April 2023, but many incidents go unreported.

Most (80%) happen in public places, with almost half happening in bars, followed by nightclubs, according to National Police Chiefs’ Council data, while university campuses and music festivals are also targeted.

What does the law say?

Spiking offences are currently covered by more than one law, but do not have their own legislation.

Most fall within the Offences Against the Person Act (1861).

If the spiking leads to permanent injury, the defendant could be charged with grievous bodily harm, which carries a potential life sentence.

As spikings often facilitate sexual offences, suspects can be charged with “administering a substance with intent to engage in non-consensual sexual activity”. 

This is an “either way” offence, so can be dealt with by magistrate courts, resulting in a fine or up to six months in prison, or a crown court, which can impose sentences of up to 10 years’ imprisonment.

What are victims’ experiences of the law?

According to a national survey by Stamp Out Spiking UK, less than 3% of cases are reported to the police.

Spike Aware UK is another charity that supports victims. It was set up by Colin and Mandy Mackie after the death of their 18-year-old son Colin in 2017 following a suspected spiking.

Many victims they speak to who have reported their cases say police are slow to respond – taking weeks to gather evidence, by which time the substances have left their system and the spiking is difficult to prove.

Spike Aware UK also believes hospitals should be given powers to collect and store samples so they can be used later by the police.

The stigma around spiking and gender is also an issue.