Do Drug Courts Really Work?

If you or someone you know has been charged with an offence but suffers from a drug dependency, the Drug Court may be the most appropriate option.

But those thinking that this is another way to avoid justice and ‘get off’ without a real punishment may need to think again.

In 2013, when the Downing Centre (Sydney) Drug court was opened, Attorney General Greg Smith warned that the program was not a walk in the park.

The programs runs for a minimum of twelve months and dramatically changes the life of participants, he said.

Over fifty percent successfully finish the program, avoiding prison time.

But the benefits extend further than this and include the rebuilding of relationships with friends and family, and developing job and life skills.

Early evaluations of the program show it is more cost-effective than prison and better at decreasing the rate of recidivism.

While the difference in cost is not huge, those who participated in the drug program were significantly less likely to reoffend (Bureau of Crime Statistics and Research).

The reasoning behind drug courts being introduced in 1999 stems back to drug addiction being lumped together with crime, when it should really be treated as a serious health and mental issue.

The Drug Court was created cognisant of this link and recognises that the traditional route of the criminal justice system is not always appropriate.

So the Drug Court instead helps drug users by treating the underlying cause: drug dependency.

Many countries have realised that dealing with those who commit crimes by simply punishing them is not effective in the majority of cases.

And theoretical justifications behind sentencing are not always going to be effective.

For example, the basic belief that those who offend have made a rational choice to do so, and so will be deterred by a heavy punishment, simply cannot apply to a person who is suffering from severe drug addiction or intoxication.

The Drug Court currently operates in three locations: Sydney, Toronto and Parramatta.

Drug courts are set up for those whose offending is generally more serious than those who can choose to partake in the MERIT program (‘Magistrate’s Early Referral Into Treatment).

And unlike participation in the MERIT program, those dealt with by the Drug Court must plead guilty.

What does the drug court involve?

The first step in the program is eligibility.

Eligibility to the drug court program requires:

• A high likelihood of full time imprisonment being imposed
• A guilty plea
• Drug dependency
• Living in the vicinity of a drug court
• Be referred from a local or district court
• Be over the age of 18
• Willingness to participate

Some people are excluded from the program, including those charged with a violent or sexual offence.

The sentencing of defendants is then suspended and a treatment plan is imposed which can last for up to eighteen months.

All participants remain in custody for detoxification and assessment, even if they have been previously granted bail.

The Drug Court Unit is a separate unit from the main prison.

After the eligibility and assessment stage, depending on the treatment plan, participants may be able to live in a place of their choosing (with approval of the court), or a rehabilitation centre or in a supported organisation arranged by the court.

Participants are closely monitored and normally drug tested several times per week.

They also receive counselling, support and treatment to tackle their underlying addiction.

Breaches in the program mean that a warrant might be put out for the arrest of the participant.

If the participant does not successfully complete the program, the sentence originally imposed can be re-considered, although it cannot be made greater.

The Drug Courts are highly effective and have many benefits for participants.

While completing the program may not be easy, it has proven to have been a successful and beneficial experience for many previous participants.

If you or a loved-one is considering applying for the program, contact an experienced drug lawyer right away to discuss eligibility, suitability and the benefits of participating.