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Safer injecting

Injecting other people

Injecting Others (Serious Crime Act 2007)We've had several queries about injecting other people and the law so we asked Release, who said this:

There are possible serious outcomes for someone who injects another person with drugs.

There is a risk of prosecution for administering a drug to someone, if it can be proved that there was an intention to cause injury [1] or endanger life [2]. Depending on the offence charged, the maximum sentence is 5 or 10 years in prison.

Anyone prosecuted for one of these offences could argue that the intention didn’t exist because they were giving the drug to help someone and increase safety, rather than harm them. But this probably won’t protect them from at least being arrested initially and potentially having to go through a court case where that argument can be made.

Also, if someone dies as a result of one of the offences above, then the person doing the injecting might be charged with manslaughter.

A charge for manslaughter might also happen if the police and prosecution say the death happened because the person doing the injecting was negligent. This would be on the grounds that someone injecting another person takes on a duty of care to that person, so where that duty is breached (either by doing something or failing to do something), and this causes or significantly contributes to the person’s death, that is gross negligence and so a crime.

The maximum sentence for manslaughter is life in prison.

Anyone advising someone to inject other people also risks being prosecuted for encouraging or assisting an offence [3]. These offences can be committed even where the main offence isn’t committed – so even if no one follows the advice that is published (or at least the police aren’t aware/have no evidence of this) you could still be guilty of an offence.

The maximum sentence is whatever the maximum prison sentence is for the offence which is encouraged/assisted, or a fine.

[1] Section 24 Offences Against the Person Act 1861
[2] Section 23 Offences Against the Person Act 1861
[3] Serious Crime Act 2007

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