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The diagram accompanying this article attempts to show in graphic form a number of the measures either in place or coming into place to deal with what the government sees as the link between heavy end drug use and crime - especially theft from vehicles, shoplifting, burglary as well as dealing. When you put all these together, you begin to see that Britain's (US inspired) 'war on drugs' is now becoming a 'war on drug users'. All the talk before and immediately after the election about expanding treatment services for drug users has turned into a widening of the criminal justice net to identify more users and force them into treatment. So this article aims to uncover the elements of New Labour's new scapegoating strategy and give you some food for thought if you get trapped in Jack Straw's 'web of justice'.
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Originally a lot of people in the drugs field thought that although most of the 'new' drugs strategy was just the usual pile of prohibitionist crap, bought over the phone from the US Embassy. Nevertheless, we thought that the commitment to treatment rather than punishment was to be welcomed. Until that is Jack Straw and Tony Blair took a personal hand in drug policy. That's when all this other stuff started to be announced. Including the new rules around breach for community sentences, such as return to court on the second unacceptable occasion of non-attendance and the threat to benefits for non-compliance with community sentences. In our view, anyone presented with an opportunity to go on a Drug Treatment and Testing Order (or any other community sentence for that matter) should think very carefully about it. Before saying 'Yes' to any of these things you need to perform some calculations. Weigh up what your chances are of completing such an order without getting breached and weigh up how long you would serve if you decided to do the time. Only then make a choice. The same reasoning should be applied when Drug Abstinence Orders finally come in, especially if one is a condition of parole or release on licence. Ask your probation officer exactly what the requirements are for such an order, how often will you be drug tested, what drugs will you be tested for, which drugs will trigger breach proceedings, how many hours a week of attendance are required, will your benefits be affected, what will be the length of the order and so on and so on. THEN AND ONLY THEN MAKE YOUR DECISION. Back to the war on drug users. Here are the measures listed in the diagram, all of which will potentially impact on users, with our comments attached: MANDATORY DRUG TESTING Drug testing of all those aged 18 and over who have been charged with property crime, robbery and Class A drug offences, or any offence with a suspected link to heroin or cocaine/crack. This will be tried out on a pilot basis in a few selected areas for 18 months and then, if successful, will go national. (Criminal Justice and Court Services Bill March 2000, still going through Parliament, so could be amended but unlikely to be). Testing positive for brown say, will have obvious implications for sentence and will, in appropriate circumstances make you a possible for one of the community orders. It will be interesting to see how this pans out between those who get a positive for cocaine and who are using crack and those who are using powder. At this early stage Monkey would say cough to powder never to crack. DRUG ABSTINENCE ORDERS New community order, can run for 6 months to 3 years and can be attached as a condition of a community sentence, or after release from prison on licence or notice of supervision after serving a sentence. If this lot think these orders are going to make any other contribution other than filling jails with those who've breached them, they've got another think coming. ARREST REFERRAL SCHEME From this month there should be arrest referral workers stationed in every police station in Greater Manchester (and elsewhere in the country). We don't have any objections in principle to this development. Here in Greater Manchester, the creation of new jobs in the drugs field has meant employment opportunities for a number of ex-users. So there should be friendly faces at your local nicks soon. Although what the point is of having arrest referral workers when you're eventually going to have mandatory drug testing escapes us entirely, as well risking damaging a scheme which relies on people coming forward voluntarily. Still with all those referrals coming in over the next two years the health lot will have to get their arses into gear to provide the necessary number of new treatment slots. No point in having a referral scheme if you're faced with 18 month waiting lists. C.A.R.A.T.S./TC'S/PRISON BASED VOLUNTARY AND MANDATORY DRUG TESTING C.A.R.A.T.S. stands for counselling, assessment, referral, advice and throughcare scheme and is the new prison based drug treatment programme. Only up and running in the last few months, we'll reserve judgement on this except to say that if it all remains prison based and there's no aftercare provision then there isn't much chance of this making much of a difference. Although one prison official claimed to us that if CARATS worked properly then there'd be no need of aftercare! No comment. "THREE STRIKES AND YOU'RE OUT" This is an old piece of Tory legislation (Crime (Sentences) Act 1997) that New Labour criticised when in opposition but has now dusted off and put into force. If you have two previous convictions for selling Class A's, then the minimum sentence for you is seven (yes 7 long ones) on your third conviction. And for all you housebreakers, two previous for domestic burglary will get you a three year minimum on your third. Incidentally, the US has been playing about with mandatory minimums for years, which is one reason they've got 2 million people in jail. REDUCTIONS IN BENEFITS Under the Child Support, Pensions and Social Security Bill payment of benefits will be linked to compliance with community sentences. Whether the probation service will play along with this one is an unknown, but its another unpleasant US import from the 'war on drug users'. Course if you're working, this won't apply. Another piece of discrimination against unemployed people. Watch this space is all we can say. DRUG TREATMENT AND TESTING ORDERS Although the Government has yet to make its mind up officially on these, Monkey would take a bet that they'll be coming to courts all over Greater Manchester from this October onwards. Duration of orders 6 months to 3 years, aimed at burglars, shoplifters and others whose offending is related to their drug use and who would otherwise face prison. Current plans suggest regular testing (maybe 3 times a week), intensive attendance for a period (up to 5 hours a day, 5 days a week and reviews by the court that sentenced you. Sounds attractive? Be aware that in one of the pilots in Liverpool, 50% of offenders on the order failed to complete. NEW PROBATION RULES This is the one that makes us even more dubious about Drug Treatment and Testing Orders. The Criminal Justice and Court Services Bill has introduced the presumption of imprisonment (that's what the Bench should think) for any offender who fails to make two (yes 2) appointments without good reason. 'Yellow Card' first time and back to court (and possibly nick) the second. How they expect drug users to comply with these we simply don't know. HOME DETENTION CURFEWS/TRACKING/TAGGING/CONDITION OF A COMMUNITY SENTENCE/RESULT OF A BREACH OF A COMMUNITY SENTENCEHere's another US import to watch. Home Detention Curfews are being expanded. Monkey's tip for the top is a futuristic Drug Abstinence Order combined with a Home Detention Curfew, Naltrexone implant and electronic tracking. Violate this one if it ever happens and Judge Dredd will be knocking on your door. So just add this lot up and if you don't think New Labour has decided to wage a war on drug users (Class A ones that is) then we'd like to hear what you think this bunch are up to (other than trying to get re-elected). |
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