News
From The Cop Shop
The
following material is prepared by Evan Thomas as
provided by the NSW Police Service Public Affairs
Department (3 July 2000).
Implementation
of Drug Summit (May 1999) Initiatives by the NSW
Police
Many
of these involve diversion of offenders.
1. Cannabis
Cautioning Scheme
2. Drug
Offenders Compulsory Treatment Pilot
3. Youth
Drug Court Pilot
4. Early
Court Intervention Scheme
5. Young
Offenders Act Amendments
6. Drug
Overdose Guidelines (reported in June-July heroInsight)
Why
diversionary policies?
`We're
all looking for new ways of tackling drug crime.
The diversionary processes we're currently trialing
aim to steer drug users toward treatment rather
than the criminal system.
Diversionary
programs free up the Police to get out on the street
and target manufacturers and people dealing drugs.
New
research from the Bureau of Crime Statistics and
Research reveals that Police have a very positive
role in steering people into treatment. We can provide
the vital link towards drug rehabilitation.'
1. Cannabis
Cautioning Scheme
The
pilot started in April 2000 and will run for 12
months. This program aims to divert offenders away
from the court and legal system, as arrest for recreational
drug use has not always proved to be effective.
It is expensive and time-consuming for police officers.
The
program aims to encourage offenders to address the
potential damage of their cannabis use. Offenders
are issued with a caution notice, and legal and
health information.
Police
retain their discretion as to whether they should
charge or issue a caution. The caution cannot be
issued if there are prior convictions under the
Drug Misuse and Trafficking Act or a violent or
sexual assault offence. No person can be issued
with more than two cautions. The offender must admit
to the offence and must possess the cannabis for
personal use only (15 grams or less).
2. Drug
Offenders Compulsory Treatment Pilot
This
trial is a combined response by NSW Health and the
Police and will take place in the Wollongong and
LACs and the Richmond and Tweed/ Byron LACs from
July 2000 for 12 months. Police can use their discretion
to issue a caution if they find someone in possession
of minor amounts of illicit drugs. The offender
must admit the offence and agree to undertake assessment
and treatment. No more than two cautions are permitted
in the pilot.
3. Youth
Drug Pilot
This
is being trialled in specific regions only. It is
a first for Australia.
This
two-year pilot begins in Western Sydney in July
2000 and rotates between the Campbelltown and Cobham
Courts. Its aim is to break the drug/crime cycle
and provide young people with the skills to live
useful, productive lives within the community.
It
combines intensive judicial supervision with case
management for young offenders charged with criminal
offences resulting from drug/alcohol use.
The
young person must first appear in the Children's
Court and the Magistrate can then refer them on
to be screened by agencies including Health, Juvenile
Justice, DOCS and Education. A suitable program
is devised for the young person.
The
offence must exclude those relating to sex and traffic
to be able to be dealt with by the Children's Court.
·
The
offender must reside within an area that feeds
into Lidcombe, Campbelltown and Cobham Children's
Court;
·
if
residing outside this area but `identifying
with' that catchment area;
·
and
have committed the offence within these areas.
People
less than 14 years of age must show `special circumstances'
before being admitted to the program. Young people
charged with robbery and offences involving violence
will be eligible to enter if they meet the above
criteria.
The
Magistrate will defer passing sentence for up to
12 months and enter the person to bail whilst undergoing
the program's requirements. If they successfully
complete the program, the Magistrate will pass sentence
taking all matters into account. There is also provision
for `after-care' which can form conditions of a
bond.
If
the offenders fail to comply, they risk being discharged
from the program and sentenced in the usual manner.
During
the program, the Drug Court Team and a representative
from the service provider monitors progress.
4. Early
Court Intervention Scheme
This
scheme is to be piloted at Lismore for 12 months
from July 2000, and will put in place a range of
programs operating at every stage in the criminal
justice scheme to channel offenders away from the
courts and into treatment.
This
pilot will complement the Parramatta Drug Court
trial by providing a scheme of early intervention
for defendants who do not need coercion but are
motivated to seek treatment.
However,
unlike the Drug Court, it will not require that
the defendant be facing prison. The Parramatta trial
is targeted at repeat offenders with histories of
drug dependence who are facing a gaol term.
The
Lismore pilot will require police or the Magistrate
to identify offenders who appear to be eligible.
A clinician attached to the Court assesses if the
offender is suitable for the program. If so, he/she
immediately enters treatment under appropriate bail
conditions.
5. Young
Offenders Act Amendment
The
Act has been extended to include young persons caught
with small amounts of drugs for personal use. Police
still retain their discretion to charge a person.
The scheme does not apply to those suspected of
dealing.
The
amendment allows police to deal with under 18s committing
minor offences under the established system of warning,
cautions and youth conferencing. Police will
be trained in issues pertaining to changes in this
Act.
6. Drug
Overdose Guidelines
(See
June/July issue of heroInsight)
The
Drug/Crime Link
Seventy-four
percent of re-offending inmates stated that their
current offence was related to their use of alcohol/
drugs and 62 percent of first offenders (Drug treatment
in correctional centres: Corrections Health Service,
1999).
Positive
Health and Social Outcomes with Drug Treatment (US
Study)
The
National Treatment Improvement Evaluation Study,
a five-year study of the impact of drug and alcohol
treatments in the US, identified increased employment
and income, improved mental and physical health,
decreased medical costs, decreased criminal activity,
decreased homelessness and decreased HIV risk behaviour
one year after treatment.
Cost
Benefits Associated with Treatment of Drug Dependence
The
US Department of Health and Human Services reported
that for every dollar invested in substance abuse
treatment in California, $7 was saved by the taxpayer
in subsequent costs.
