Transcript Drugs: Community Based Criminal Justice Interventions

Drugs and Criminal Justice in
Scotland: Policy Overview
Scottish Drugs Forum
15 September 2009
Policy Objectives
• To provide opportunity for accused/offenders at
all stages of the criminal justice system to
engage with treatment services;
• Based on premise that by dealing with their
addiction it offers potential for positive impact on
their associated offending behaviour, particularly
acquisitive crime;
• Justice agenda to achieve Safer Communities.
However, significant secondary outcomes e.g.
health improvements, opportunity to contribute
to Scottish economy, etc.
Point of arrest: Arrest Referral
• Involves arrest referral worker engaging with
arrestees whilst in police custody cells and at a
‘point of crisis’ to attempt to persuade them to
enter treatment;
• Based on voluntary participation;
• Evaluation study “generally encouraging”;
• Restricted coverage but includes 4 main cities;
• Effectiveness dependent on early access to
mainstream treatment services;
Point of arrest: Mandatory Drug
Testing (1)
• Those arrested for certain “trigger” offences
(theft and Misuse of Drugs Act) and in police
custody required to undergo a drugs test for
opiates and/or cocaine;
• Involved oral fluid testing;
• Those who tested positive required to undergo a
mandatory assessment as to suitability for
treatment services;
• Actual engagement with treatment services on a
voluntary basis;
• No bearing on due process of law.
Point of arrest: Mandatory Drug
Testing (2)
• Was piloted in 3 custody suites – Aberdeen,
Edinburgh and Glasgow (London Road) – for 2
years;
• Subject to external evaluation by MVA
Consultancy;
• Throughput considerably below original
estimates and numbers entering treatment at
disproportionate cost;
• No further specific funding provided and the
pilots have ended
Bail/remand
• Considerable work undertaken on possibility of
making engagement with treatment services a
condition of bail in appropriate cases;
• Legal difficulties meant option was not pursued;
• Had MDT proved successful next logical step
might have been to apply MDT provisions to
decisions on bail;
• Meantime no intervention at the bail stage.
Sentencing: Probation with drug
treatment
• Historically courts have been able to impose probation
with an additional condition of drug treatment/education;
• 341 such orders in 2007-08. Decline in usage by courts
e.g. Glasgow reported no such conditions in 2007-08;
• Offenders plugged into mainstream service provision –
local capacity issues have direct impact on usage by
courts;
• Will be replaced by new Community Payback Orders –
courts will be able to impose a Drug Treatment
requirement as part of the order
Sentencing: Drug Treatment and
Testing Orders
• For high tariff offenders committing large amounts of
acquisitive crime e.g. 68% of those on DTTO have more
than 10 previous convictions;
• Early access to treatment – reflects fact that justice
budget pays directly for services;
• Unit costs of £10k per annum – high compared with
other community penalties but not with custody
• 601 orders in 2007-08 – decline from previous year;
• 81% reconviction rate over 2 years (but 48% for those
who complete orders);
• Challenge is to improve throughput and completion
rates;
• Intention to retain DTTOs.
Sentencing: DTTO Lite
• Currently being piloted in most courts in
Lothians and Borders;
• Two year pilot running to June 2010 will be
subject to external evaluation;
• Target groups include female and young
offenders.
Sentencing: Drug Courts
• Currently operate in Glasgow and Fife;
• Make extensive use of DTTOs;
• Principal distinguishing features compared with
DTTOs are the expertise/experience of the drug
court sheriffs and pre-review hearings;
• Effectiveness in terms of reconviction rates on a
par with DTTOs;
• Future of drug courts currently under review;
Summary
• Significant debate to be had around the extent to
which Justice should be paying for mainstream
service provision as occurs with DTTOs;
• Introduction of Community Payback Orders with
provision for a Drug Treatment requirement at
same time as retention of DTTOs;
• Piloting of use of DTTOs with lower tariff
offenders;
• Future of drug courts currently under review;