The return of drugs courts: some important considerations

The inclusion of problem-solving drugs courts in the Police, Crime, Sentencing and Courts Bill 2021 and in the 2020 sentencing White Paper indicates renewed interest in this style of courts justice. But, fundamental points need to be raised on the model that might emerge. The 'graduated sanctions and incentives system', drugs testing and custodial time for non-compliance with a court order is borrowed from the USA model and is a radical step in the context of UK justice. Moreover, it misses the central point of problem-solving justice, which is located within principles of ‘therapeutic jurisprudence’. This paper discusses the drugs court model as indicated in the PCSC Bill and asks two critical questions - do we need drugs courts in the English and Welsh justice system? The paper argues drugs courts are a rational and progressive response to drugs offending that is more participatory, emotionally sensitive and person-centred than traditional court processes. Any model advanced within the English and Welsh justice system must embed these values.