Administering a Substance with Intent (Section 61 Sexual Offences Act 2003)

Administering a Substance with Intent is an offence under s.61 Sexual Offences Act 2003. A person commits the offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B), 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 (s.61(1)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 10 years; on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.61(2)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).