Alcohol

| Drugs: the extent of the problem | Treatment | Alcohol | Punishment and Welfare | Paul's story |

It is important not to disregard the role of legal intoxicants. While drug-related offending tends to involve the theft of property, alcohol plays a significant role in violent crime. In a survey of 610 incidents of homicide in Ireland over a twenty year period it was found that slightly under half of the perpetrators were intoxicated at the time of the killing, and in one third of cases both the perpetrator and the victim were affected by alcohol.

Drunk motorists are probably the most dangerous group of offenders in the state. During 1997 an average of 365 persons every month were convicted of drink driving offences. Their actions lead directly to hundreds of deaths every year, yet they carry on regardless. Those who drive with excess alcohol are committing an offence which can lead to serious harm. However they are not castigated like those who steal to fund a heroin addiction, who are widely despised and portrayed as the 'real' criminals from whom society needs to be protected.

— Punishment and Welfare

The Criminal Justice Act 1999 introduced mandatory minimum ten year prison sentences for persons convicted of supplying drugs worth £10,000 or more. This new law is an unwarranted intrusion on the discretion of judges, who should be allowed the freedom to select a penalty tailored to the circumstances of the individual case. In any case it is not as if the courts are reluctant to pass long sentences in drug cases. In the summer of 1999 for example a drug trafficker in Cork was imprisoned for 22 years. Ironically the new provisions may lead to an increase in crime as the huge costs associated with keeping people in prison for so long will mean that less money is available for crime prevention.

There are also some encouraging straws in the wind. The Minister for Justice, Equality and Law Reform promised to introduce drug courts on a pilot basis in 1999. The philosophy behind these courts is that addicts require help rather than punishment and that if the right treatment package can be identified and enforced the likelihood of re-offending will decline. Drug courts have existed in the USA for several years and early indications suggest they are a cost effective way of reducing drug-related crime.

A recent review found that: "Traditional courts, funders and policy makers were hostile to the idea that drug-involved clients needed assistance in the courtroom for social service needs such as a decent job, housing, or education. Meeting those needs, they believed, was in the domain of others, not the nation's justice systems... What was seen by many in the early days as a radical approach to addiction within the criminal justice system can now be seen as the first significant step towards change... The drug court's legacy, its emphasis on problem solving rather than case processing, is one that will influence our nation's concept of justice".

The introduction of drug courts to Ireland is a welcome development. However, if they are to have any realistic chance of success an adequate treatment infrastructure must be put in place before they are brought into operation. It is worth noting that the 1977 Misuse of Drugs Act gave courts the option of detaining drug addicted defendants in a "designated custodial treatment centre". In 1980 the Central Mental Hospital was designated an appropriate centre, since which time it has received a tiny number of patients under the Act, possibly as few as two. It is clear that legislative change, if unaccompanied by adequate resources, can achieve little.

Drug courts have much to offer, but their introduction must be preceded by a major review and expansion of community treatment options and in-depth training for judges. It is essential also that their impact is independently evaluated. A properly resourced and smoothly functioning drug court system could go some way towards creating a safer society.

Recommendations

1. Crime policies should aim to reduce the demand for drugs rather than rely on prison to deal with the consequences of addiction.
2. Drug courts should be introduced and evaluated.
3. An immediate expansion is required in the level of drug treatment in prisons.

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