Member

Amendments 333 and 334, on spiking, were tabled by the noble Baroness, Lady Owen, and supported by the noble Baronesses, Lady Coffey and Lady Maclean. The noble Baroness, Lady Coffey, may be interested to know that it was the Law Commission that recommended the repeal of the 1861 offences, so that is the reason for doing so. The Government do not support these amendments. We are content that extending the definition to recklessness is not necessary for prosecuting or securing convictions. The new offence as drafted deliberately covers a wide range of spiking and non-spiking behaviours, as well as the substances that can be administered. Importantly, there is no requirement, as there was under the previous law, to prove that harm was caused by the administration of substances. So, in short, this offence is very wide and it carries a 10-year maximum penalty.