Chapter 4.2 Sanctions and their effectiveness Drug Treatment Orders Criminal Justice Chapter 4.2 Sanctions and their effectiveness Drug Treatment Orders

Class Discussion Why do you think people take drugs? Should someone with a drug or alcohol addiction receive a more lenient sanction? What would be the most appropriate sanction for the offender in the following scenarios

Scenario 1 A young man, aged 17 years, forced his girlfriend, aged 16 years, to engage in sexual relations with him on the way home from a friend's 18th birthday party. Both he and his girlfriend had been drinking excessively at the party. On the way home they became intimate but his girlfriend made it clear to him at the time of the attack, and on previous occasions, that she did not want to commence a sexual relationship as the couple had only been dating for three months. The young man had suffered from alcohol and drug addiction for the past two years. He pleaded guilty to one count of rape.

Scenario 2 A woman, aged in her late 30s, was arrested for attempting to steal cigarettes and alcohol from a local liquor store. At the time of the offence the woman was suffering the effects of having taken a large amount of alcohol and cannabis the night before. The woman had been addicted to drugs and alcohol for over 15 years, with the habit becoming worse after she split from her husband and lost the permanent care of her two children. The woman had been sexually abused by her stepfather when she was a child and had experienced great emotional stress as a child. She pleaded guilty to theft and was extremely remorseful for her actions. Over the past five years she had various prior offences including one count of minor theft, two counts of drug possession, one count of speeding and driving over .05.

Drug treatment orders (DTO) This is a sanction that can be ordered by a Magistrate for a drug or alcohol problem. This is an attempt to keep prison a punishment as a last resort Drugs or alcohol must have contributed to the crime Offender must have pleaded guilty Cannot be given for sex offences Suitability criteria must be met by the offender by a counsellor from the Drug Court (specialist Magistrates’ Court Division) http://www.theage.com.au/victoria/the-dandenong-drug-court-that- wants-to-do-more-20150306-12yuq6.html

Drug offences recorded

Features of a drug treatment order Treatment and supervision is usually 2 years. It involves regular meetings with the Magistrate and counsellors, urine tests and rehabilitation programs Imprisonment up to 2 years is suspended if on the DTO If there is a breach of the order the custodial (Imprisonment) order will be served If the DTO is competed successfully there will be no custodial period to serve

Evaluating drug treatment orders Rate of recidivism (repeat offending) has fallen for those on the program NSW figures show that 35 % of offenders completing the program did not reoffend Those out on bail can also be put on a similar program (CREDIT) The success of the program is due to; treating the cause of the criminal behaviour the threat of going to prison the softer approach adopted by the courts http://www.jacplus.com.au/secure/Searchlight?searchbox=aud-0012

Your Turn Complete; Test your understanding 1-3 Apply your understanding 4a-b