Drugs and Criminal Justice in Scotland: Policy Overview

1. Drugs and Criminal Justice in Scotland: Policy Overview Scottish Drugs Forum 15 September 2009

2. 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.

3. 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;

4. 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.

5. 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

6. 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.

7. 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

8. 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.

9. 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.

10. 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;

11. 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;