Police and Crime Commissioner Simon Foster and Victims’ Advocate Natalie Queiroz MBE warned, under the Crime and Policing Bill in its current bill, offenders may seek to justify their actions as a ‘prank’ to avoid conviction.
They’ve now written to the Government asking for the provisions in the Bill that deal with spiking be amended and remove this risk.
Spiking is a crime which involves giving someone alcohol or drugs without their knowledge or permission through ways such as slipping substances into drinks or injecting them with a needle.
In the letter to Home Secretary Yvette Coper, Victims Minister Alex Davies-Jones and Safeguarding Minister, Jess Phillips, the PCC and Victims’ Advocate say the amendment is vital.
It would remove any doubt around reckless behaviour and ensure perpetrators cannot try and justify their actions, by claiming it was a ‘prank’.
PCC Simon Foster. Permission for use for all LDRS partners. Credit: Simon Foster. Caption writer: Mark Cardwell.
The letter said: “As Police and Crime Commissioner and Victims Advocate, we welcome the introduction of a specific offence criminalising spiking as part of the Crime and Policing Bill and recognise the importance of having a justice system where victims of crime can have a positive outcome and feel empowered by the law, that effectively and efficiently brings offenders to justice.
“In its current form, the bill refers to the need to establish intent but does not refer to reckless behaviour.
“It therefore creates a risk of perpetrators seeking to justify their act of spiking as a ‘prank’, which might lead to perpetrators avoiding conviction if it was not possible to establish intent.
“The current wording defines spiking as an act of administering a harmful substance.
“This is unlike similar provisions, such as the Offences against the Person Act 1861, where Assault Occasioning Actual Bodily Harm is committed by a person, whether intentionally or recklessly.
“The tabled amendment to the Crime and Policing Bill, would ensure there is no ambiguity in the law that could potentially allow perpetrators to raise a defence, by claiming that they did not intend to ‘injure, aggrieve or annoy’.”
They added: “We welcome the government’s actions in tackling violence against women and girls, including the crucial pledge to halve VAWG within 10 years.
“The Crime and Policing Bill is one positive step towards achieving this aim and we support the introduction of a specific offence for spiking as amended, that will allow police and partners to pursue perpetrators of this despicable act.”