Dealing With A Danger

The problem of drugs spiking in Scotland continues to hit the headlines – so would making it a specific criminal offence help tackle the issue?

- MAIRI HUGHES

PRIME MINISTER KEIR STARMER has pledged to make spiking - giving someone alcohol or drugs without their knowledge or consent - a specific criminal offence in England and Wales in November.

While spiking can already be prosecuted under existing legislation, the Home Office said this move is intended to make it clear that spiking is illegal and to encourage people to report incidents to police, in response to increasing concerns surrounding the problem.

In Scotland, however, there are currently no plans to make spiking a specific criminal offence.

Under Scots law, spiking can be prosecuted under the common law offences of drugging, assault or the Sexual Offences Act.

Campaigners argue that spiking needs to be treated as a specific offence to be addressed sufficiently, although there are mixed views on this.

“Consideration would have to be given to the type of conduct you are seeking to criminalise which cannot already be dealt with under current criminal law, whether it is truly necessary, and whether it could have unintended consequences,” says solicitor Baktosch Gillan.

In recent years, anxiety around spiking has grown. In autumn 2021, there was a record high in reported incidents across the UK, with cases being recorded not only of drink spiking, but also reports of spikings by injection.

This led to the launch of Girls' Night In, a campaign encouraging women to stay at home to raise awareness of spiking in nightclubs.

And the problem isn't going away with recent headlines highlighting a new issue: vape spiking.

Colin and Mandy Mackie founded charity Spike Aware after tragically losing their 18-year-old son, Greg, who they believe was spiked.