Dealing with drug misusing offenders in the community offers the best prospects for addressing their drug related criminal behaviour.
For this reason the Scottish Government is keen to expand the range of community sentences available to courts that deal with drug-misusing offenders.
Drug Treatment and Testing Orders (usually referred to as DTTOs) is a high tariff disposal for drug-misusing offenders who might otherwise receive a custodial sentence, and is available to the High Court and Sheriff Courts throughout Scotland, together with Glasgow Stipendiary Magistrates Court.
The intention is to tackle those people whose offending is a direct result of their drug-misuse, i.e. addicts who steal to fund their habit. In tackling the drug problem we can steer offenders away from crime. It is important to stress that serious drug dealers will continue to receive custodial sentences.
Objectives
The DTTO has two objectives: to reduce the amount of acquisitive crime committed to fund drug misuse, and to reduce the level of drug misuse itself. The Order contains features unique to a community disposal, including a requirement for regular reviews by the court to enable sentencers to monitor progress and a requirement that the offender consent to regular, random drug tests throughout the Order. Importantly the Order does not expect nor require immediate total abstention and a positive test result will not immediately constitute a breach of the order. It is understood that drug treatment can be a lengthy progress.
Evaluation: Is the DTTO any good?
In October 2002 the findings of external evaluation by Stirling University of the Glasgow and Fife DTTO pilots were published. The research demonstrated that within the first few months of an Order being made offenders showed a significant reduction in levels of spend on drugs and associated criminal behaviour. Specifically, after 6 months on an Order, expenditure on drugs decreased from an average of £490 per week pre-sentence to an average of £57 per week afterwards. You can read the full report at: Drug Treatment and Testing Orders - Evaluation of the Scottish Pilots.
A subsequent independent study of reconviction rates for DTTO offenders, published in October 2004, added to the positive picture. This research indicated that DTTOs were having a real impact on re-offending levels, with almost half (48%) of those who completed their Orders having no further convictions within two years. Another key finding was that the majority of those who did have subsequent reconvictions were convicted of relatively minor offences. You can read the full report at : Reconviction Following Drug Treatment and Testing Orders.
DTTO II
In July 2007, the Scottish Cabinet agreed that the most successful features of DTTOs should be adapted for use with lower tariff offenders. The new model of DTTO is being piloted over two years from June 2008 within courts in the Lothian and Borders Community Justice Authority, including the new justice of the peace courts. The pilot is being evaluated and if it proves successful, the order could eventually be rolled out across Scotland, offering courts an effective option in dealing with offenders at an early stage in their drug misuse. It is anticipated that this will lead to increased numbers of orders being imposed, particularly in respect of women and young offenders.
Reducing drug related crime and re-offending is a key aim for the Scottish Government, who want to build on the current success of DTTOs which can help move problematic drug users into appropriate treatment and support services.