What are the current laws on spiking – and do they protect victims?

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.

A standalone spiking law was mentioned in the King's Speech earlier this year - but no details were given. It would only apply to England and Wales, with separate legislation needed for Scotland and Northern Ireland.

On Monday the government reiterated promises of a separate law, claiming it will increase reporting and pose a stronger deterrent.

How does spiking happen - and how widespread is it?

Spiking can be done with alcohol, illegal, or prescription drugs. Substances are mostly commonly added to people's drinks, but they can also be put in food, vapes, or by injecting someone with a needle.

Ketamine, gamma hydroxybutyrate (GHB), and Rohypnol are among the most commonly used substances.

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Police in England and Wales received 6,732 reports of spiking in the year up to April 2023 - but as "not all victims report it to the police", they say: "We can't be sure how many spiking victims there really are."

Most incidents (80%) happen in public places, with almost half happening in bars, followed by nightclubs, according to National Police Chiefs' Council data.

Campaigning organisations stress university and college campuses are being increasingly targeted - as well as music festivals.

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).

These include "maliciously administering poison so as to endanger life or inflict grievous bodily harm" or "with intent to injure, aggrieve, or annoy that person", which carry maximum prison sentences of 10 and five years respectively.

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 magistrates 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.

Its founder and chief executive Dawn Dines tells Sky News: "The victims we speak to feel let down right throughout their journey."

From sample collection and police questioning to the court system, Ms Dines says there are problems at every stage.

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.

Sample collection poses the biggest barrier, according to both campaign groups.

Drugs such as GHB can leave the body in as little as six hours. And despite testing for more than 100 types of drug, Mr and Mrs Mackie say testing kits used by investigators are "never 100% accurate".

"Drugs change so much - new substances are added into them, so police find new drugs every week. That causes the problems with testing kits," they told Sky News.

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

"A&E and medical staff have got a much bigger part to play," Mr Mackie says. "The duty of evidence gathering is on the police so they see it as a police responsibility. But medical and police services need to work together."

The stigma around spiking and gender is also an issue.

Ms Dines says although her data shows 92% of victims are female - men and boys are "much less likely" to report cases, skewing the figures.

"It's been put under an umbrella of violence against women and girls - but we see just as many testimonials from men and boys," she says.

"Men are often reluctant to report it because it's seen as a girl's thing," Mr Mackie adds.

Why are prosecutions so low?

"Prosecutions are so low - it just doesn't give people the confidence to come forward," Mr Mackie says.

He says the few cases that do reach court are those where spiking has happened alongside another crime - most often theft, assault, or a sexual offence.

But Mrs Mackie says that the impact on people's mental health - and potential extreme reactions to substances - should make spiking itself a standalone offence.

"If we bring in a specific offence we can reduce so-called prank spiking - just spiking someone and walking away. "Then people would know they are doing something wrong and rates would drop," she said.

A specific spiking law would also ensure all victims are treated the same, Mr Mackie added.

"At the moment, each police force seems to interpret the law in a different way - and it even seems to vary from officer to officer.

"If police officers follow the same procedures everybody from Newcastle to Newquay will be treated the same."

(c) Sky News 2024: What are the current laws on spiking – and do they protect victims?