Spiking is a crime in any form – those found to have spiked can face tough sentences.
Section 24 of the Offences against the Person Act 1861 is the main legislation relevant to spiking.
Spiking is charged and prosecuted under the criminal offences listed below by section, description and maximum sentence.
S.18 Offences against the Person Act 1861 Wounding with intent to do grievous bodily harm
The maximum penalty for this offence is life imprisonment.
S.20 Offences against the Person Act 1861 Inflicting bodily injury, with or without weapon.
The maximum penalty for this offence is imprisonment for a term not exceeding 5 years.
S.23 Offences against the Person Act 1861 Maliciously administering poison, &c. so as to endanger life or inflict grievous bodily harm.
The maximum penalty for this offence is imprisonment for a term not exceeding 10 years.
S.24 Offences against the Person Act 1861 Maliciously administering poison, &c. with intent to injure, aggrieve, or annoy any other person.
The maximum penalty for this offence is imprisonment for a term not exceeding 5 years.
S.47 Offences against the Person Act 1861 Assault occasioning bodily harm.
The maximum penalty for this offence is imprisonment for a term not exceeding 5 years.
S.61 Sexual Offences Act 2003 Administering a substance with intent to engage in a non-consensual sexual activity.
On summary conviction:
Imprisonment not exceeding 6 months or a fine not exceeding the statutory maximum, or both.
On conviction on indictment: Imprisonment for a term not exceeding 10 years.
S.39 Criminal Justice Act 1988 Common assault and battery
Imprisonment not exceeding 6 months or a fine not exceeding the level 5 on the standard scale,
ref: Home Office, understanding and tackling spiking December 2023
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