Spiking has recently undergone an important change in the law in England and Wales following the introduction of the Crime and Policing Act 2026.
Section 134 of the Crime and Policing Act 2026 creates a new offence of administering a harmful substance, including conduct commonly described as spiking. What is spiking? Spiking involves the act of adding a substance to someone’s drink, food, or vape without their knowledge, to cause harm or incapacitate them.
The new law replaces offences contained in sections 22-24 of the Offences Against the Person Act 1861 relating to administering poison or other harmful substances. Spiking was already capable of being prosecuted under existing legislation, but there was no single offence specifically addressing the behaviour.
The offence is not just limited to putting drugs into someone’s drink. It can cover a person administering a harmful substance to another person without their consent. Spiking should not automatically be associated with illegal drugs or nightclubs.
The new offence is triable either way. This is a significant procedural change because the previous section 23 and section 24 offences were indictable-only offences. Under the new legislation, a case can therefore be dealt with in the Magistrates’ Court or sent to the Crown Court depending on the circumstances and applicable allocation rules.
Spiking can occur in connection with sexual offending. The Government specifically identifies section 61 of the Sexual Offences Act 2003, which deals with administering a substance with intention to enable or assist sexual activity, as a separate offence relevant to spiking cases.
The Crime and Policing Act 2026 represents an important development in the law relating to spiking. The new offence provides a clearer statutory framework while retaining much of the substance of the previous law.
If you are arrested or asked to attend for an interview at the police station for any criminal offence you are entitled to free, independent legal advice. At Paul Robinson Solicitors we cover police station interviews for all types of offences and are available 24hours a day, 365 days each year. Feel free to call us on 01702 338338 or our out of hours 01702 342525. If you are charged or summonsed for an offence we provide representation at Court on both a legal aid basis or on a private basis.
