We recently met with Gillian Booth and Claire Borden from Children and Justice Services in South Lanarkshire to hear more about the work they have been doing setting up and running the new problem-solving court based at Hamilton Sheriff Court.
Developing a public health approach at court
Scotland has long been at the forefront of problem-solving practice in the UK beginning with the Glasgow Drug Court, which has been running since 2001. Over the last 20 years, problem-solving approaches have become an established feature of the Scottish criminal justice system. Drug and alcohol issues remain a serious cause for concern in Scotland, which has the highest rate of drug-related deaths in Europe and as a result a number of Scottish specialist courts focus on this issue. In Lanarkshire, evidence from the Alcohol and Drug Partnership (ADP) revealed there were 204 suspected drug-related deaths across Lanarkshire in 2022. Criminal justice data in the region also flagged an issue of compliance with Community Payback Orders for individuals with an identified substance issue. 50% of these cases resulted in a breach of the order, suggesting that an alternative approach was needed.
Recognising the need to take a public health approach to substance use and to the offending linked to that substance use, South Lanarkshire Justice Social Work services partnered with Hamilton Sheriff Court to launch the Pan-Lanarkshire Drug and Alcohol Court. This is the first in Scotland to directly support dual substance use, with interventions delivered in South Lanarkshire by the Recovery Oriented Justice Service (ROJS) team.
With support from the Sheriff Principal and funding from the Corra Foundation, as well as additional resource made available through the Alcohol and Drug Partnership (ADP) for integrated nursing and peer mentor support within the ROJS team, the court launched in December 2023. From August 2024, it began running on a dedicated day a week at Hamilton Sheriff Court.
How it works
To be eligible for the Pan-Lanarkshire Drug and Alcohol Court, an individual’s offending must be linked to their substance use. Similar to other Scottish problem-solving courts, once it’s determined that a person should be dealt with via the drug and alcohol court, they receive a Structured Deferred Sentence (SDS). A Structured Deferred Sentence allows a court to defer sentencing after a conviction for a specified period and under certain conditions. Individuals on the disposal then receive structured interventions and support. At the end of the period of deferral, the court decides on the appropriate sentence for the individual, taking into account their engagement and progress during this time.
The Recovery Oriented Justice Service is a multidisciplinary team made up of a team leader, two qualified social workers, one specialised addictions nurse and two peer mentors from the community justice organisation SACRO. The team works from the same location, making it possible for individuals to have an immediate assessment and means the team are better able to communicate with them and respond to their needs. The ROJS team engage heavily with third sector organisations to encourage those on the order to engage with their local recovery communities and wider support networks to assist with their recovery journey. Recognising the importance of wider family support, ROJS promote referrals to the local charity My Support Day who provide support to families who have been affected by someone’s substance use.
Initial successes
Since it launched a year ago, 18 South Lanarkshire residents have received a deferred sentence under the new problem-solving court. 80% of those placed on an SDS disposal have continued with the structured interventions set up through their time with Justice Social Work and people have been able to access residential rehabilitation, sexual health assessment and support and help with desistance from offending. The Sheriffs involved in the court have been extremely positive, highlighting the strong commitment that the participants have demonstrated towards their support plans and the staff who provide support every step of the way.
Commenting on the success of the court so far, Gillian Booth, Children and Justice Service Manager in South Lanarkshire said:
“It is testament to the compassionate, trauma-informed and rights-based approach staff within the ROJS team adopt, that early indications are that this approach works and has the potential to transform formal justice statutory services providing evidence for more SDS courts in the future.”
An independent evaluation has been commissioned that will further evidence the impact of this approach.
Last month, the ROJS team won the Scotsman’s Scottish Health Awards in the category of Integrated Care. The service successfully demonstrated effective multi-agency working with health and third sector services in providing innovative public health approach to supporting those in substance use recovery.
Case study demonstrating the support offered by the ROJS team
*Saul’s story
Saul’s journey exemplifies the power of intensive support which has helped him abstain from substance use and plan to return to education and help others. The social work team supported Saul and accompanied him to recovery community sessions at South Lanarkshire Beacons hub, which significantly reduced his anxiety and helped him become more independent. As a result, Saul has become a prominent figure within the recovery community and plans to use his previous experience as a chef to volunteer and teach others cooking skills.
Through digital lifestyle funding, Saul received a tablet and Wi-Fi router from the recovery-oriented justice team, enabling him to access online courses. This provided him with valuable learning opportunities and also alleviated the financial burden of internet expenses. Saul is now preparing to return to education in August, demonstrating his commitment to personal growth.
Saul is also excited to participate in an upcoming music programme – where he plans to learn guitar as a positive outlet for stress relief and self-development. His aspiration to volunteer and share his culinary skills with others in the recovery community highlights his dedication to giving back and supporting others on their recovery journeys.
*Name has been changed