Scotland’s Spiking Surge: The Push for Stricter Laws

Eilidh Miller

(Image Credit: adambarhan on Openverse)

In busy bars and clubs, young Scottish people gather to let loose and have fun with their friends. But for many, their night will be cut short by a hidden danger that lurks beneath the surface: spiking. Each year, countless individuals across the country fall victim to spiking. The danger of spiking casts a shadow over Scotland’s nightlife, leaving a trail of physical and psychological damage in its wake. As concerns over this silent epidemic rise, so too do the questions: Are current spiking regulations sufficient in protecting the public? Or should Scotland introduce tighter laws to combat this growing threat?

What is spiking?

Spiking refers to an individual being drugged without their knowledge or consent. Incidents of spiking often take place in clubs, pubs or in generally busy and crowded environments, where the victim is distracted and oblivious to the drugs entering their system against their will.

Between October 2021 and February 2022, data from Police Scotland revealed that there were 394 recorded crimes of drink spiking. Of those, 385 were classified as “drugging”, while 9 were classified as “administering a substance for a sexual purpose”. However, spiking is an underreported crime, and there are many reasons that spikers target their victims. Today spiking can take different forms. Individuals can now get spiked by substances in their drinks, by injection, and by vape spiking. But why and how are people spiking others?

Colin Mackie, who along with his wife founded anti-spiking charity, Spike Aware UK, told Blether Magazine that spiking can “happen anywhere and it can happen to anybody”. He also suggested that spiking can happen for a variety of reasons and to any age group, “the youngest we’ve had is 13 and the oldest, believe it or not, is 82”.

(Image Source: Spike Aware UK)

For Mackie, spiking is an issue that hits particularly close to home. Spike Aware UK was formed in 2018 after he lost his own son to a spiking incident.

“Someone put the equivalent of five ecstasy tablets into his soft drink, he was only drinking coke… so sadly Greg then lost his life, when that happened to us, there was no one for us to talk to, we were just left, so we decided then we didn’t want anyone else going through the same as us so we decided we were going to start Spike Aware UK”.

As highlighted by Greg’s story, spiking can have devastating consequences for victims, emphasising the need for increased awareness and stricter regulations to prevent such incidents.

Current spiking legislation

The Guardian revealed that the number of spiking incidents reported to the police has grown five times higher in the past five years. Despite this, the number of prosecutions has not seen the same level of increase.

There is no single, clearly defined law regarding spiking in Scotland. While there are laws related to assault, poisoning, and other relevant offenses that could be applied to cases of spiking, there isn't a specific law that directly addresses the act. Lack of dedicated legislation can contribute to uncertainty regarding spiking incidents and victims not feeling confident in coming forward, which leads to challenges in prosecuting such cases.

However, Spike Aware UK are trying to change this: “we want to make spiking a stand-alone offence, we’re working with both the Scottish and UK governments”.

If spiking is recognised as a stand-alone offence, there is hope that this will increase the number of prosecutions and in turn deter potential spikers.

(Image Credit: Spike Aware UK)

The UK law that currently encompasses spiking cases is nearly 200 years old, having been written in 1861, which Mackie says contributes to the “cloud of greyness” around spiking. English and Welsh governments have moved to modernise this law in hopes of clarifying “beyond any doubt” that spiking is illegal. The Scottish Government are currently behind in modernising laws but there is hope that if England and Wales recognise spiking as a stand-alone offence, Scotland will follow. This will not only result in more prosecution but will also help encourage victims to come forward and get the support they need.

“It’s always been looked at as something that happens to girls, if we make it a stand-alone offence, we feel that more boys will come forward, they’ll become more confident that something will be done, likewise a lot of victims, come to us and say “I didn’t report it because I don’t see any point”.

(Image Credit: YouGov)

Looking to the future

When asked what will make the biggest difference in tackling spiking cases, Colin said, “More prosecutions, that’s the main thing, because if there’s no prosecutions, there’s no deterrent” and the surest way to get there is through a stand-alone offence.

Speaking to the Guardian, Barrister Charlotte Proudman supported this as she explained that “in terms of sending out a key strong message that spiking is a crime that will not be tolerated, and to use the law as a deterrent, there is nothing in the statute box that makes that crystal clear.”

There is also the stark possibility that as alcohol prices increase, more young people will be drawn to drugs as a cheaper alternative and see no problem with dropping low-cost pills into drinks.

However, amidst these challenges, there is a promise of hope. Charities like Spike Aware UK and Reform Stirling are taking proactive measures to combat spiking by educating young people about its dangers. Through initiatives that involve going into schools and engaging with students directly, these organizations aim to raise awareness, empower young people to protect themselves, and deter potential future spikers. As Mackie says:

“The politicians have now accepted the seriousness of it, they’re making moves now to make changes, they’re getting involved with the apps, they’re getting involved with the testing strips, they’re wanting better training for door staff to be more aware so we’re definitely taking a step in the right direction - it’s going to be harder for potential spikers, and people in general I think are becoming more aware of spiking”.

The following symptoms can be an indication of spiking:

Confusion
Nausea or vomiting
Hallucinations and paranoia
Disorientation or poor coordination
Loss of ability to communicate properly
Unconsciousness

If you or someone you know has been spiked:

Tell a member of staff or security if you're at a venue.
Stay with your friends.
Don’t leave with someone you don’t know and don’t let your friends go home on their own.
Report to the police online, on 101 or, in an emergency, call 999.

You can also access support and guidance on the Spike Aware UK website.