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 Decline in usage by courts e.g. Glasgow reported no such conditions in ; 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 – 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;