Scotland does not need to follow England’s lead and make spiking a standalone crime, according to Justice Secretary Angela Constance.
Her stance has disappointed campaigners, while opposition parties are split on the issue.
Proposed new UK parliament legislation will, if passed, make spiking a specific offence with a maximum jail term of 10 years in England and Wales.
But Angela Constance has told a Scottish Parliament committee the change will not create a potential gap in the law north of the border.
She told MSPs on Holyrood’s justice committee: “We are strongly of the view that we do not need further legislation on spiking.
“Spiking is addressed under common law as well as under the Sexual Offences (Scotland) Act 2009, so, in my view and in the view of the government, there is not a legislative gap around that in Scotland.
“Legislation is there to prosecute people who do that and to imprison them for up to five years.
“Where work has been done on spiking – the Minister for Victims and Community Safety Siobhian Brown has led roundtable discussions on the issue across the stakeholder groups and parties, and there has been considerable interest in it in the parliament – the focus has been on raising awareness and on the work that Police Scotland does around the night-time economy in pubs and clubs.
“There has also been work on the pathway to report spiking and to get care. There was a need to be clear that people can and should report spiking, but they also needed a healthcare pathway.”
“We are strongly of the view that we do not need further legislation on spiking”
Justice Secretary Angela Constance
The Sexual Offences (Scotland) Act has an offence of “administering a substance for sexual purposes”.
Committee member Pauline McNeill said she agrees a specific offence of spiking in Scotland is not necessary.
The Labour MSP said: “I tend to agree that, in Scotland, we sometimes do not need specific offences for things that we are already prosecuting.
“For example, there is a recent trend to, basically, stab people in the body to spike them, and not just spike drinks.”
But Scottish Conservative leader Russell Findlay and Colin Mackie of anti-spiking charity Spike Aware UK both want Constance to reconsider.
Mackie, of Elvanfoot, South Lanarkshire, set up the charity with his wife when their son Greg was found dead aged 18 in November 2017, after they believe he was spiked.
He said: “We need a standalone offence. I’m very disappointed in the minister’s statement.
“If there’s no prosecution, there’s no deterrent. We need the law. You still get the people who do it because they think it’s funny. That’s why we need the law, so people know that they could go to jail and it could cost them their career, their university place.
“It would give people who have been spiked more confidence to come forward. In my opinion it would help police officers as well as they wouldn’t have to tag it on to something.”
Findlay, who floated plans in 2023 to lodge a Members’ Bill to create a specific criminal offence of spiking, said: “SNP ministers have made a serious error in refusing to make spiking a standalone criminal offence.
“Their decision means that Scottish victims of this predatory and dangerous crime will continue to be failed due to confusion around existing legislation.
“I would be extremely concerned if the SNP’s refusal to do the right thing is yet another example of their petty tactic of always seeking divergence from the rest of the UK regardless of the harm that it will cause to victims.”
Recent research published in summer found 1.5 per cent of adults in Scotland, some 67,000, reported being a victim of drink spiking in the past year, according to the Drinkaware 2025 Monitor.
But Police Scotland does not hold specific records on spiking. The force said either “administering a substance for sexual purposes” or “drugging” could be the most potentially relevant classifications.
Up to May this year Police Scotland recorded eight crimes of administering a substance for a sexual purpose and 41 of drugging.
The previous year there were 10 of the former and 122 of the latter.
A Scottish Government spokesperson said: “There are already comprehensive laws in place that can be used to tackle perpetrators of spiking, which carry a maximum penalty of up to five years, or a fine, or both. These include the common law offences of drugging and assault.
“We continue to engage with Spike Aware UK, the Home Office and other stakeholders through our roundtable on spiking to ensure we take a focused and proactive approach to understand the prevalence of spiking and that our response is effective.”