Spiking Becomes a Specific Offence as Crime and Policing Act Receives Royal Assent

30 April 2026 – CounterSpike welcomes the news that the Crime and Policing Bill has received Royal Assent, becoming the Crime and Policing Act 2026. Among its many measures, the Act introduces a specific, modern offence covering spiking, a change campaigners and victims have called for over many years.

Key takeaways

• The Crime and Policing Act 2026 received Royal Assent on 29 April 2026.
• It replaces several Victorian-era offences with a single offence of administering a harmful substance, including by spiking.
• The offence will apply in England, Wales and Northern Ireland, with a maximum sentence of 10 years.
• The new offence will come into force on a date set by the government. Spiking is already illegal under existing law.

What has changed

The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. Section 134 of the Act repeals sections 22, 23 and 25 of the Offences against the Person Act 1861 and replaces section 24 with a single offence of administering a harmful substance, including by spiking.

Under the text of section 134, a person commits the offence if they unlawfully give another person a harmful substance, or cause them to take one, with intent to injure, aggrieve or annoy them. A harmful substance means any poison or other destructive or noxious thing. On conviction in the Crown Court, the maximum penalty is 10 years' imprisonment, a fine, or both.

Why it matters

Spiking was already a crime, but the old offences were broad and written long before modern spiking methods existed. According to the Ministry of Justice spiking factsheet, the government is responding to concerns about the prevalence of spiking and a lack of understanding of how existing offences apply. Its stated aims are to increase public awareness that spiking is illegal, encourage victims to report incidents to the police, and help tackle the key barriers to prosecution: gathering evidence and identifying perpetrators.

The scale of the problem is clear. Between May 2022 and April 2023, police received 6,732 reports of spiking, including 957 reports of needle spiking, and the government acknowledges the true figure is likely to be higher because of under-reporting.

The same factsheet also points to wider work, including training for staff in the night-time economy and improved police recording of spiking incidents.

When will the new offence apply?

Royal Assent means the Bill is now law, but many parts of the Act will only take effect when the government sets a start date through commencement regulations. The Act itself provides that, apart from certain listed provisions, it comes into force on days appointed by regulations. CounterSpike will share an update once a commencement date for the spiking offence is confirmed.

In the meantime, spiking remains a criminal offence under the existing law, and anyone who thinks they have been spiked should report it.

CounterSpike's view

CounterSpike was founded to help people socialise without fear. A clear, named offence sends an important message: spiking is a serious crime, and the person who spikes is always to blame, never the victim. We hope it gives more people the confidence to come forward, and we will continue working with venues, festivals, universities and families to help prevent spiking in the first place, through our SpikeStixx drink spike tests and the PartySafe movement.

If you think you have been spiked

Following official GOV.UK spiking advice:

• Call 999 if you are in immediate danger or seriously unwell.
• Call NHS 111 for urgent medical advice.
• Report it to the police on 999 or 101 as soon as you can.