The return of drugs courts: Some important considerations

Abstract

Drugs courts can be praised for the rehabilitative health-treatment response they deliver to people with drugs dependence problems. This is when contrasted with traditional courts that operate on adversarial and retributive justice principles and do little to alleviate cycles of repeat drugs offending. Whilst drugs courts have been met with success and embraced in several jurisdictions worldwide, fundamental points need to be raised on the model that is re-emerging in England and Wales. Indications are it will involve drugs testing and a 'graduated sanctions and incentives system' that comprises short custodial sentences for non-compliance. This essay discusses the newly emerging drugs court model as signposted within different legislative and public policy documents and raises questions relating to the precise model these courts will take; whether they prioritise harm reduction or if 'abstinence' goals will predominate. We question whether people with drugs dependence problems should be sanctioned to short custodial prison sentences if in breach of a drugs court order. And perhaps more fundamentally: do we need drugs courts in the English and Welsh justice system?

Keywords: Drugs courts; Drugs policy; Sentencing problem-solving justice; Therapeutic jurisprudence.