Administering a substance with intent

Violence and injury — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Violence and injury

Administering a substance with intent

Sexual Offences Act 2003, s.61

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable: Either way
Maximum penalty: 10 years’ custody

Actus reus

Intentionally administers a substance to, or causes a substance to be taken by, another person (B) (SOA 2003, s.61(1)).

Mens rea

Knowing that B does not consent, and with the intention of stupefying or overpowering B so as to enable any person to engage in a sexual activity that involves B.

Defences

No administration / did not cause the substance to be taken · B consented (and A did not know of a lack of consent) · No intent to stupefy or overpower for sexual activity

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 1 – 9 years’ custody.

View definitive guideline ↗

At the police station

Toxicology and who poured the drink are the first disclosure asks. The sexual activity need not have happened — the intent is enough.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Violence and injury

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.