New court for homeless, addicts

Repeat drug offenders, the homeless, addicts and the mentally ill will soon have their day in a special court that will "sentence" them to treatment programmes instead of jail.

The special circumstances court, modelled on so-called "drug courts" common in the US, Australia, the UK and Canada, will be launched in Auckland next month.

Auckland Police Area Commander Andrew Coster says the new court is a joint pilot scheme between agencies including mental health services, the judiciary, police, Housing New Zealand and the Ministry of Social Development – services offenders are already likely to have come into contact with.

Coster says the half-day court will be held once a month and will probably process 10 offenders.

"We are already arresting these people on a regular basis and putting them through the usual court process, and they keep coming back. So we have a group of persistent low-level offenders we need to deal with in a different way if we're hoping to get a change in their behaviour – the key here is actually preventing reoffending.

"We've conclusively demonstrated that constantly arresting them and putting them before the court is not working. If people are forced to confront some major issues in their lives, it's not an easy thing to do, so this is not a soft touch." Authorities don't expect to see much extra demand placed on resources. The police are advertising for the position of special circumstances court co-ordinator, the only new role created by the court, with the funding being provided by social welfare agencies.

Act MP and architect of the "three strikes legislation" David Garrett said he was surprised by how well drug courts worked overseas, and that they were a cost-effective use of judicial resources.

"I am familiar with the drug courts in Australia and in California, and the thing I discovered that surprised me was how effective compulsory drug treatment was.

"I don't see any reason that positive experience in California and Australia can't be recreated here." But, he says, it's important that violent offenders are not eligible.

Sensible Sentencing Trust's Garth McVicar welcomed the idea, saying his organisation dealt too often with victims of offenders with addiction and mental health problems. Offenders with drug and alcohol problems often reoffended, so it would be useful to identify and treat their issues earlier. "It's not going to be a panacea, but it's a step in the right direction and a recognition of the 45-50% of criminals who have mental health problems."

While experts agree the courts are a good idea, Capri Clinic addiction counsellor Tom Claunch is warning government-funded drug and alcohol programmes need to be able to cope with increased demand.

The Salvation Army's Bridge programme, Odyssey House and Higher Ground already have 600 people awaiting treatment, he says.

"There are scores of schemes like this in the US and they work. But there has to be some co-operation and one of the places where the whole thing can break down is if there's little effective management of the programme's providers and the contracts. There has to be accountability and an accurate measure of whether they are working."

Coster says the new court and its staff will be better equipped than the usual court system to identify the causes behind offending.

The scheme is the brainchild of Lifewise, an Auckland-based community organisation providing services to families in need, the homeless, elderly and the disabled, run by general manager John McCarthy.

A drug court was set up in Christchurch for young offenders about five years ago but it was considered a failure because around 80% reoffended. But the new court was based on research into earlier and overseas experiences.

- © Fairfax NZ News