Government will not create specific spiking offence

The government has said a specific offence for spiking will not be created despite calls from MPs on the Home Affairs Committee and the Night Time Industries Association.

Home Office minister Sarah Dines said several existing offences cover incidents of spiking, and that no gap in the law had been found requiring the creation of a new offence.

In a letter to the Home Affairs Committee she wrote: “The existing offences cover all methods of spiking including by drink, needle, vape, cigarette, food or any other known form. Police are yet to encounter a single case where they could not apply an existing offence.

“The primary barriers to prosecution are the lack of an identifiable suspect and gathering sufficient evidence to both charge and support a prosecution. These barriers to prosecution would continue to apply even if a new offence were created and would therefore be unlikely to increase prosecutions.”

Dines did add that there was “more to do” to “ensure absolute clarity around what spiking is and how it should be reported” and said a consultation would be launched into amendments of guidance under the Licencing Act 2003.

Last month the Night Time Industries Association chief executive Michael Kill had said: "We still require the Home Office to consider a specific crime category under spiking, continue to research effective methods of testing and enhance the current toxicology screening process for these crimes to maximise criminal conviction rates, and send a clear message to perpetrators."

His comments came after it was revealed that some 4,924 reports of spiking were made to forces in England and Wales in the 12 months to September 2022.

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