Government to trial drug courts

The Ministry of Justice has announced new problem-solving courts designed to tackle crime committed by offenders with drug and/or alcohol problems.

Three ‘Problem-Solving Courts’ (PSCs) are being piloted as part of the Government’s new 10-year Drug Strategy, “From harm to hope”, based on evidence that this approach will most effectively turn such offenders away from crime and protect the public.

The Government employs its usual robust rhetoric, saying that the courts will adopt a “tougher approach to community sentences for low-level criminals who would otherwise face short jail terms”.

What are problem-solving courts?

Problem-solving courts are focused on outcomes and rehabilitation. The authority of the court is harnessed to tackle the problems that underlie offending. The problem-solving approach incorporates the following:

• specialisation to ensure that cases are heard in specialised settings, by trained court professionals who have a thorough understanding of the needs, risks, and assets of the ‘target group’
• collaboration with other agencies to enhance intervention and supervision opportunities
• encouraging accountability for individuals’ compliance with the court’s instructions via judicial monitoring, where judges can use incentives such as early termination of order to reward progress or impose sanctions for poor compliance
• focusing on longer-term outcomes by monitoring impact and continuing to innovate in response to changing circumstances

The pilots

The pilots resemble the US Drug Court model and a previous approach adopted by some areas in England and Wales with dedicated sentencers having regular court hearings with people sentenced by these pilot courts.

Under unique orders which can be issued by the PSCs, offenders will see the same judge at least once a month, have intense support and supervision from the Probation Service, and get wraparound services tailored to their individual needs – such as from substance misuse and recovery agencies, housing support and educational services.

They will also get treatment and undertake frequent, random drug testing where appropriate. Offenders will be offered the full range of treatment interventions to help them achieve abstinence.

Evaluations of previous similar approaches found that people placed on similar orders (current known as Drug Rehabilitation Requirements attached to a community order and previously as Drug Testing and Treatment Orders) often responded well to good quality support reinforced by regular testing. However, the evaluations also found that for most people, their recovery journeys were slow and uneven. Sentencers learnt that people often continued to test positive for heroin and/or (crack) cocaine but this did not mean that they were not making progress, reducing the amount and frequency of illegal drugs they used.

The MoJ points to a PSC which has already been trialled in Greater Manchester focussed on female offenders and 14 Family Drug and Alcohol Courts (FDACs), an alternative family court for care proceedings, which have achieved success at reducing substance misuse. An evaluation undertaken by Lancaster University found that almost half (46%) of mothers who received the supported provided by a FDAC were no longer misusing substances by the end of the care proceedings, compared to 30% of mothers who did not go through a FDAC. The researchers also found that 37% of FDAC families were reunited or continued to live together compared to 25% of comparison families, where children were taken into or remained in care.

The pilot (which will cost £8.25-million) will involve two Problem-Solving Courts launched at Liverpool and Teesside Crown Courts, these areas have been chosen because they have very high levels of drug use, drug deaths and drug-related crime. The Government’s Drug Strategy explicitly states that it will prioritise funding for areas of highest need.

A further PSC will be implemented at Birmingham Magistrates’ Court and will focus on female offenders with complex needs, including substance misuse.