The new approach to curb serious drug-related offending in Ballarat

To be established through the Ballarat Magistrates' Court, a drug court will be set up in an effort to address the most serious drug addictions and associated offending.

Head of the Specialist Courts for the Magistrates' Court of Victoria, Magistrate Pauline Spencer, said a drug court was part of a suite of innovations in the Magistrates' Court - such as the Specialist Family Violence Court, Koori Court and the Court Integrated Services Program (CISP).

These target the underlying drivers of offending, depending on the complexity or needs of an individual.

Based on the success of models in the United States, where there are now more than 3000 drug courts, the first drug court was established in Victoria at Dandenong in 2002. Following successful evaluation, the model was funded to expand to Melbourne.

Given the ongoing success of these courts the model will this year be rolled out in regional areas, with the first two sites for the expansion to be Ballarat and Shepparton.

The intensive response through the drug court is aimed at people who are experiencing severe difficulties in overcoming their addictions, whether to alcohol or illicit drugs, and are continuing to offend despite previous legal consequences.

"It is aimed at the group of people who haven't been able to beat their addiction and continue to reoffend, even after other interventions like a community corrections order or past terms of imprisonment," Ms Spencer said.

In its infancy, the court will assist about 35 people in Ballarat.

There are two facets to the way the drug court works.

"At the heart of drug court is this proven combination of strict court supervision and comprehensive treatment," Ms Spencer explained.

To be involved in the court, an individual must plead guilty before being sentenced to a term of imprisonment. If found to be suitable for a Drug and Alcohol Treatment Order, they are released into the community with very strict supervision.

The supervision is overseen by a multidisciplinary team, including Community Corrections, Victorian Legal Aid, Victoria Police and other services.

In the first stage of the two-year order, an individual must participate in drug tests supervised by the drug court team three times each week and is required to attend various weekly appointments with their case manager, who is a community corrections officer.

The individual must also attend weekly reviews in court with a magistrate.

"The strict supervision operates with sanctions. Where someone tests positive for drugs or is not complying with the program they accrue sanctions. When they get to seven sanctions, they go in and serve seven days in custody," Ms Spencer explained, adding the court could respond very quickly.

"The sanctions activate that term of imprisonment imposed at the front end in increments if the person's not doing well."

Related coverage: Drug court to expand to Ballarat to address offending

The role of the magistrate is similar to in other specialist courts, with the magistrate's role more than to impose a sentence. They have an ongoing role through the weekly reviews and are part of conversations to bring about behavioural change and motivate engagement in the order.

"The magistrate has a very big role within the multidisciplinary team to work with the offender to help them to comply with the order but also to really deal with the underlying drivers of their addiction," Ms Spencer said.

The magistrate guides and coaches the person, effectively holding them accountable for their actions. As such, one magistrate works with each individual in order to build crucial rapport.

This strict court supervision is combined with comprehensive treatment and support. Each person has an individualised support plan which identifies the physical and psychological drivers of their addiction and is given treatment to address it.

"They have a treatment and support team that wraps around them - their case manager, a clinical advisor - and are linked in with others such as doctors and counsellors," Ms Spencer said.

With drug addiction one of the biggest factors driving offending in Victoria, addressing it will assist in reducing the crime rate.

Magistrates working in regional areas have witnessed community concern about drug use, in particular the scourge of ice.

Related coverage: How police are addressing drug offences in the region

This is one of the reasons Ballarat has been chosen, but also as it will present an opportunity to expand on the region's existing specialist programs.

"People go into jail and come out of jail but the addiction is still with them," Ms Spencer said. "The science is telling us that to overcome addiction, you need to have treatment and support around the person."

While families often try varying approaches to help their loved one, such as seeking out treatment, for some people it is incredibly difficult to break their addiction. Especially when the addiction is the result of past trauma and drugs are used to numb the pain.

Ms Spencer explained the order allowed the team to work with the individual to make significant changes in their life.

"Drug use changes a person's brain chemistry and makes their life chaotic and often their relationships with the community and their family have broken down.

"It takes a lot to try to rebuild and so that's why the order is two years - so the drug court can work with people in the long term to make a real difference."

The length of the order, combination of comprehensive therapeutic intervention and the accountability through regular urine testing and checking in with a magistrate is the "secret to its success".

Ms Spencer said the drug court provided a more effective, long-term solution instead of the "revolving door of prison" to reduce offending and make communities safer.

Evidence for this was presented when similar groups of offenders where drugs were a factor were evaluated in Dandenong.

Comparing a cohort which went through the normal court and were handed sentences of two years' imprisonment with one that went through the drug court, it found the latter had a 31 per cent lower rate of reoffending afterwards.

This reoffending was also much less severe and frequent.

In coming to Ballarat, she hopes it will accentuate the work services are already doing to mitigate drug-related offending in the region and improve the wellbeing of individuals, their families and the wider community.

"We hope we can add to it for this cohort that struggles to beat addiction and we can really add to that toolbox that the community has to deal with this really challenging problem."

There have been many success stories from the drug courts, which Ms Spencer said were often highlighted at drug court graduations.

"It's quite powerful to see someone's journey to having another chance at life. There are so many benefits not only to them but their families and the broader community. They reconnect with their families and with community, sports, employment and live good and productive lives."

David, which is not his real name, was a participant in the drug court who was able to turn his whole life around.

In 2017, he was a 28-year-old with a child, a longstanding drug addiction and associated record of offending.

He had been placed on a Community Corrections Order, that he breached when he was charged for driving, weapons and drug offences.

He was unemployed and had ongoing issues with his ex-partner and eventually lost care of his son. He also had an unstable relationship with his mother, who was caring for his son.

In August that year he commenced the Drug Treatment Order.

David struggled with his emotions, which was later identified as a factor in his drug use. But the wraparound support provided through the drug court team meant David was able to engage in one-on-one drug and alcohol counselling and undertook weekly urine drug screening monitored by the court.

While on the DTO, he cut ties with other drug users and developed new, positive friendships.

Receiving help allowed him to obtain full-time employment as a scaffolder and stable accommodation. He also repaired his relationship with his mother and former partner and regained custody of his son.

David graduated in August 2019 but maintains contact with the drug court team. He remains drug free, is employed full-time and is now the father of two young children who are both in his care.

This week a stakeholder meeting was hosted to explain the concept of the court and how it could link in with existing local initiatives.

It is anticipated the drug court will begin operating by the end of the year.

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