Intoxication Reform

What was the name of the report for the reform?

2009 Law Commission Report

In regards to intent divide + involuntary intoxication

• Remove specific/basic intent divide, but keep voluntary/involuntary distinction

• Provide a list of ‘integral fault’ offences where MR would have to be proved and intoxication could provide a defence.

In regards to involuntary intoxication…

Law Commission confirmed the decision in ‘Kingston’ and provided a list of situations where D should be regarded as involuntarily intoxicated - this would include spiked drinks and properly prescribed medication which would provide Ds such as ‘Hardie’ from using the defence.

In some countries..

A separate offence of dangerous intoxication can be charged but this idea was rejected in the UK as it wouldn’t be possible to identify a sentence that would reflect the different levels of seriousness of any crimes committed by the offender.