Lessons from Specialist Courts

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Lessons from Specialist Courts

• Gill McIvor

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What do we mean by specialist courts?

• Specialist courts
• a court with limited or exclusive jurisdiction
  in a field of law presided over by a judge with
  expertise in that field. (Freiberg, 2002)
• Problem-solving courts
• a specialised courtbut with a distinctive
  approach to the cases that come before it that
  seeks to address the underlying problems of
  individual litigants, the structural problems of
  the justice system, and the social problems of
  communities. (Freiberg, 2002)

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Types of problem-solving courts

• Examples from other jurisdictions
• Drug courts (including youth drug courts)
• Mental health courts
• Domestic abuse courts
• Indigenous courts
• Community courts/justice centres
• Problem-solving courts in Scotland
• Drug Court
• Youth Court
• Domestic Abuse Court

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Youth Court objectives

• Reduce the frequency and seriousness of
  re-offending by 16 and 17 year old offenders,
  particularly persistent offenders (and some 15
  year olds who are referred to the court)
• Promote the social inclusion, citizenship and
  personal responsibility of these young offenders
  while maximising their potential
• Establish fast track procedures for those young
  persons appearing before the Youth Court
• Enhance community safety, by reducing the harm
  caused to individual victims of crime and
  providing respite to those communities which are
  experiencing high levels of crime

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Drug Court objectives

• Reduce the level of drug-related offending
  behaviour
• Reduce or eliminate offenders dependence on or
  propensity to use drugs
• (examine the viability and usefulness of a Drug
  Court in Scotland using existing legislation)

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Key features of Youth Courts

• Fast tracking of young people to and through the
  courts and fast track breach procedures
• Additional programmes and additional resources
  across agencies to enable provision of a
  consistent, high quality service

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Key features of Youth Courts

• Dedicated staff to support and service the Youth
  Courts (Co-ordinator, Procurator Fiscal, clerk,
  social work)
• Multi-agency Youth Court Advisory Forum to review
  the operation of the court

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Key features of Drug Courts

• Access to drug treatment and other relevant
  services
• Regular drug testing
• Regular judicial review of progress
• Use of sanctions and rewards

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Key features of Drug Courts

• Dedicated court team (Sheriffs, Sheriff Clerk,
  court officer and, in Glasgow, a Procurator
  Fiscal and Co-ordinator)
• Multi-professional Supervision and Treatment Team
  to support the Court in all aspects of
  assessment, supervision, treatment, testing and
  reports

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Key differences (1)

• Target group
• Drug court custody bound offenders aged 21
  years and older whose offending is linked to
  their use of illicit drugs
• Youth court persistent young offenders or
  those whose offending gives cause for concern
  (contextual criterion)

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Key differences (2)

• Available sentences
• Drug Court has available full range of disposals
  but imposes DTTOs and probation orders
• Youth Court has available and uses full range of
  disposals available to the Sheriff Summary Court

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Key differences (3)

• Judicial role
• Drug Court Sheriff reviews all cases regularly
  and convenes pre-review meetings for
  multi-professional discussion of individuals
  progress
• Youth Court Sheriff may review progress of those
  given probation

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Can Youth Courts stop the revolving door?

• Keeping offenders out of custody
• Lack of clarity regarding YC criteria
• Possible net-widening
• Preventing re-offending
• Professionals optimistic regarding potential in
  some cases
• Limited though encouraging data on recidivism

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Can Drug Courts stop the revolving door?

• Keeping offenders out of custody
• Most offenders had an extensive list of previous
  convictions and custodial sentences
• Preventing re-offending
• Most participants reported reduced use of drugs
  and drug-related offending
• Steady decrease in the proportions testing
  positive for opiates and benzodiazepines over the
  course of an Order

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Can Drug Courts stop the revolving door?

• 50 of Drug Court clients had been reconvicted
  within one year and 71 within two years
• Clients who completed their Orders had fewer
  convictions in the 2 years after being made
  subject to an Order than in the 2 years
  immediately before
• International research and meta-analyses suggest
  that Drug Courts can have a positive effect on
  drug related crime

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Conclusions

• While sharing a common focus on a limited and
  proscribed range of court business, specialist
  courts vary widely in terms of their objectives,
  target group and operation
• Whether they can reduce imprisonment will depend
  upon their ability to
• Divert offenders from immediate prison sentences
• Prevent re-offending
• Because of the types of offenders they target and
  their apparent capacity to reduce drug-related
  crime, Drug Courts are particularly promising in
  this respect