(1) In the Offences Against the Person Act 1861, for sections 23 to 25 substitute—

“23 Administering etc harmful substance so as to endanger life or inflict grievous bodily harm

(1) A person commits an offence if—

(a) the person intentionally or recklessly, and unlawfully, administers a harmful substance to another person, and

(b) the administration of the harmful substance endangers the other person’s life or inflicts grievous bodily harm on them.

(2) A person commits an offence if—

(a) the person unlawfully causes a harmful substance to be administered to or taken by another person,

(b) the administration or taking of the harmful substance endangers the other person’s life or inflicts grievous bodily harm on them, and

(c) the person intends that, or is reckless as to whether—

(i) the harmful substance is administered to or taken by the other person, and

(ii) the administration or taking of the harmful substance will endanger the other person’s life or inflict grievous bodily harm on them.

(3) In this section “harmful substance” means any poison or other destructive or noxious thing.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

24 Administering etc harmful substance with intent to injure, aggrieve or annoy

(1) A person commits an offence if—

(a) the person unlawfully administers a harmful substance to, or causes a harmful substance to be administered to or taken by, another person, and

(b) the person does so with intent to injure, aggrieve or annoy the other person.

(2) In this section “harmful substance” has the meaning given by section 23.

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

25 Alternative verdict on trial of offence under section 23

A person who is—

(a) charged with an offence under section 23, and

(b) found not guilty of that offence,

may be convicted of an offence under section 24 (if it is proved that they committed it).”

(2) In consequence of the amendment made by subsection (1), in the following provisions for “maliciously administering poison etc” substitute “administering etc harmful substance”—

(a) paragraph 8(e) and (f) of Schedule 1 to the Suppression of Terrorism Act 1978;

(b) paragraph 5(g) and (h) of Schedule 2A to the Housing Act 1985;

(c) paragraph 10 of Schedule 15 to the Criminal Justice Act 2003;

(d) paragraph 11 of Schedule 5 to the Sexual Offences Act 2003;

(e) in Schedule 2 to the Counter-Terrorism Act 2008, paragraph (b) of the entry relating to offences under the Offences against the Person Act 1861;

(f) paragraph 7 of Schedule 4 to the Modern Slavery Act 2015;

(g) paragraph 4(c) of Schedule 1 to the Sentencing Act 2020;

(h) paragraph 23(f) of Part 2 of Schedule 9 to the Elections Act 2022;

and in section 72(2)(d) of the Domestic Abuse Act 2021 for “poison” substitute “harmful substance”.”.—(Chris Philp.)

This new clause re-casts the offences under sections 23 and 24 of the Offences against the Person Act 1861 (administration etc of harmful substances) and the procedural provision under section 25 of that Act relating to those offences

Brought up, read the First and Second time, and added to the Bill.