Administering poison with intent to injure, aggrieve or annoy

s.24Offences Against the Person Act 1861

Unlawfully and maliciously giving someone a poison or noxious thing, or causing them to take it, intending to injure, aggrieve or annoy them.

Administering poison with intent to injure, aggrieve or annoy · Offences Against the Person Act 1861, s.24Card 50 / 195

Points to prove

Unlawfully and maliciously
Administered to, or caused to be administered to or taken by, another person
Any poison or other destructive or noxious thing
With intent to injure, aggrieve or annoy that person

Key definitions

Maliciously – intention, or subjective recklessness, as to administering the substance (R v Cunningham 1957).
Administer – includes giving the substance directly, injecting it, spraying it or putting it in food or drink. Causing it to be taken covers tricking the victim into taking it themselves.
Noxious thing – a substance can be noxious because of the quantity given, even if harmless in a small dose. Putting sedatives into milk bottles was held to be capable of being noxious (R v Marcus 1981).
Intent to injure, aggrieve or annoy – this is a specific intent. No harm needs to be caused. The offence is complete once the substance is administered with that intent.

Good to know

It is commonly used for drink spiking where no serious harm results.
Where life is endangered or grievous bodily harm is caused, charge s.23 (maximum 10 years).
Administering a substance with intent to stupefy or overpower so as to enable sexual activity is a separate offence (Sexual Offences Act 2003, s.61, maximum 10 years).
The Crime and Policing Act 2026, s.134 will replace s.24 with a new offence of administering a harmful substance with intent to injure, aggrieve or annoy. It will be triable either way with a maximum of 10 years. As at 2 November 2026 that change is not yet in force.

Legislation: Offences Against the Person Act 1861, s.24 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: 5 years' imprisonment
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Administering poison with intent to injure, aggrieve or annoy: questions people ask

What are the points to prove for administering poison with intent to injure, aggrieve or annoy?

1. Unlawfully and maliciously 2. Administered to, or caused to be administered to or taken by, another person 3. Any poison or other destructive or noxious thing 4. With intent to injure, aggrieve or annoy that person

What is the maximum sentence for administering poison with intent to injure, aggrieve or annoy?

5 years' imprisonment.

Is administering poison with intent to injure, aggrieve or annoy a summary, either-way or indictable offence?

Administering poison with intent to injure, aggrieve or annoy is indictable only: it can only be tried in the Crown Court.

What Act and section is administering poison with intent to injure, aggrieve or annoy?

Administering poison with intent to injure, aggrieve or annoy is an offence under the Offences Against the Person Act 1861, s.24.

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