TL;DR: The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. Section 134 creates an offence of administering a harmful substance, including by spiking, for England, Wales and Northern Ireland; it does not extend to Scotland. The maximum penalty on indictment is 10 years in prison. When checked on 29 September 2026, the official legislation page still marked the section as prospective. Separately, Devon & Cornwall reported 311 incidents, 198 tests and 17 confirmed incidents for April 2025 to March 2026. Those figures require different denominators and do not measure national prevalence.
A Standalone Spiking Offence — At Last
Until now, spiking prosecutions in England, Wales and Northern Ireland have leaned on Victorian-era law — chiefly sections 23 and 24 of the Offences Against the Person Act 1861, written long before nightclub culture, GHB or needle spiking existed. Victims’ groups, local authorities and the licensed trade have campaigned for years for a modern offence that names the behaviour for what it is.
The Crime and Policing Act 2026 delivers that. The Bill received Royal Assent on 29 April 2026, and its Section 134 carries a heading that leaves no room for interpretation: “Administering etc harmful substances (including by spiking).” The Ministry of Justice has said the explicit naming is deliberate — it is meant to raise public awareness that spiking is a serious crime and to encourage victims to report it.
What Section 134 Actually Says
Under Section 134, a person commits an offence if they unlawfully administer a harmful substance to another person — or cause it to be administered to or taken by them — with intent to injure, aggrieve or annoy that person. “Harmful substance” is defined broadly as any poison or other destructive or noxious thing.
Three things stand out:
- It covers every method. Drink spiking, food spiking, needle spiking, vape spiking — the offence is about the substance and the intent, not the delivery route.
- The intent threshold is low. “Injure, aggrieve or annoy” captures so-called prank spiking, not just spiking as a precursor to assault or robbery. Prosecutors do not need to prove an ulterior motive.
- The penalty is substantial. On conviction on indictment: imprisonment for up to 10 years, a fine, or both. Summary conviction carries lower limits.
Other existing offences may apply to conduct involving sexual assault, serious injury or theft. Section 134’s commencement status must be checked before describing it as an available charging offence.
Not Yet in Force: The Commencement Gap
Here is the detail most coverage skips: Royal Assent does not mean the offence is enforceable. Like most UK legislation, the Act’s provisions come into force in stages via commencement regulations.
On 29 September 2026, the official Section 134 page still marked the provision as prospective, with no known outstanding effects listed. Its commencement note states that it was not in force at Royal Assent. This current status check matters: that historical note alone would not establish whether a later commencement instrument had activated it. The second commencement regulations, SI 2026/939, brought Section 139 into force on 1 September 2026. The third commencement regulations, SI 2026/960 — made on 2 September 2026 — brought provisions into force on 21 and 29 September 2026 and schedules further provisions for 26 and 29 October 2026. Section 134 appears in neither instrument; the earlier SI 2026/689 commenced other provisions. Commencement therefore remains the point to watch before describing Section 134 as an available charging offence.
Two different authorities hold the switch. Under section 255 of the Act, the Secretary of State brings Section 134 into force for England and Wales by regulations, while the Department of Justice in Northern Ireland does so for Northern Ireland by order. The only Northern Ireland commencement order made so far, SR 2026/153, concerns Section 140, not Section 134. The offence may therefore start on different dates in the two jurisdictions.
Until Section 134 is commenced, police and prosecutors will keep charging spiking under the 1861 Act and related offences. For anyone reading headlines that “spiking is now illegal”: it always was — what changes is how clearly, and how severely, the law names it. The switch has been built; it has not yet been flipped.
The Evidence Problem: Devon & Cornwall’s Numbers
A modern statute solves the naming problem. It does not solve the evidence problem — and fresh figures from the South West show how large that problem is.
The Devon & Cornwall Police and Crime Commissioner published figures on 22 May 2026 covering 1 April 2025 to 31 March 2026: 311 reported incidents, 198 tests and 17 confirmed incidents. The source associates 5.4% with these figures without making its denominator clear. Calculated from the stated counts, 17 divided by 198 is about 8.6%, whereas 17 divided by 311 is about 5.5%. This article therefore keeps the counts separate and does not use the source’s national percentage comparison.
These figures do not show how many reports were false or explain every unconfirmed case. Results depend on the substance, sample, timing and test used. A drink test also cannot diagnose a person or replace professional evidence collection. If spiking is suspected, seek help promptly and report it even if a test is unremarkable. See Home Office advice and support.
In response, the Commissioner is funding prevention and response training for door staff, bar teams and student-union representatives at the University of Exeter and Falmouth University and for night-time economy workers in Newquay, plus an additional £10,000 for Stamp Out Spiking’s work across the South West.
What the August 2026 UK Study Adds
Grela, Gair and Gautam’s study in Scientific Reports, published on 14 August 2026, analyses Drinkaware surveys from 2022 and 2023, with 6,318 and 10,473 UK respondents, respectively. It examines self-reported experiences, understanding and reporting, including differences between demographic groups. Drinkaware funded the research; the authors declared no competing interests.
This is useful context for reporting barriers and support needs. Its observations are not a new US survey, a measure of confirmed incidents in 2026, or a validation of any drink-testing product. Publication year, survey year, location and the question asked must stay attached to any figure quoted from it. Local police reports and individual news stories likewise cannot establish a nationwide increase on their own.
How to Protect Yourself Now
Whatever the commencement timetable, the practical advice does not change:
- Keep your drink in sight and be cautious with drinks you did not see poured.
- Recognise concerning symptoms — sudden dizziness, confusion or drowsiness out of proportion to what you drank are reasons to seek help, not proof of spiking. See our warning signs and help guide.
- Understand test limits. An unremarkable drink-test result does not establish safety. Use the original instructions for your exact product; our evidence and limitations page explains what a drink test cannot establish.
- Get help if you suspect spiking. Stop drinking, tell someone you trust and seek medical help if you feel unwell. Do not wait for a test. In a UK emergency, call 999. Follow Home Office guidance on reporting and support.
- Report it — even if a test comes back negative or some time has passed.
For background on substances that may be involved, see our explainer on GHB, ketamine and scopolamine.
What the Act Does Not Do
Section 134 does not require venues to stock drink-testing devices. It concerns the offence of administering a harmful substance. Operators should separately check their local licensing conditions and guidance. Before selecting a product, check its original instructions and which substances it covers; our evidence and limitations page explains how DrinkCheck is validated and what a drink test cannot establish.
Sources
- Crime and Policing Act 2026 — legislation.gov.uk
- Section 134: Administering etc harmful substances (including by spiking) — legislation.gov.uk
- Section 255: Commencement — legislation.gov.uk
- Crime and Policing Act 2026 (Commencement No. 1 and Saving Provision) Regulations 2026, SI 2026/689 — legislation.gov.uk
- Crime and Policing Act 2026 (Commencement No. 2) Regulations 2026, SI 2026/939 — legislation.gov.uk
- Crime and Policing Act 2026 (Commencement No. 3 and Saving Provisions) Regulations 2026, SI 2026/960 — legislation.gov.uk
- Crime and Policing (2026 Act) (Commencement No. 1) Order (Northern Ireland) 2026, SR 2026/153 — legislation.gov.uk
- Crime and Policing Act 2026 collection — GOV.UK
- Commissioner funds focused spiking prevention training — Devon & Cornwall PCC
- Grela, Gair and Gautam (2026): Understanding drink spiking and needling experiences and reporting in the UK — Scientific Reports
This article is for informational purposes only and does not constitute legal or medical advice. If you suspect you or someone else has been spiked, seek medical attention immediately. In an emergency in the UK, call 999.
Updated September 8, 2026: checked Section 134’s status and territorial extent, separated reported incidents from tests and confirmations, added the population and collection dates of the newly published UK study, and removed unsupported product-performance claims. Section 134 remained prospective at the time of this check; consult official sources for subsequent changes.
Updated September 21, 2026: added the second and third commencement regulations (SI 2026/939 and SI 2026/960) and re-checked Section 134. It remained prospective. Section 139 was commenced on 1 September 2026, while Section 134 appears in no commencement instrument to date.
Updated September 29, 2026: re-checked Section 134 and all commencement instruments on legislation.gov.uk. Section 134 remained prospective and appears in no commencement regulations or order. Added who commences it in England and Wales and in Northern Ireland (section 255).
