- Published:
- Wednesday 8 December 2021 at 2:13 pm
The benefits of a therapeutic approach to the justice system continue to be felt as we pass the halfway mark of the County Court Drug and Alcohol Treatment Court (DATC) year-long pilot.
Earlier this year, we heard about Neville (not their real name), our first participant in the DATC. Read about his progress.
Several months on, Neville has been joined by another six clients at the DATC.
‘The DATC trial emulates the progress we’ve seen in the Melbourne and Dandenong Drug Courts’ said Elanor Peattie, Managing Lawyer, Therapeutic Courts.
‘The impacts are clear – therapeutic responses are changing people’s lives.’
The 2019–20 state budget funded the 12-month trial of the DATC, along with an expansion of the Drug Court program into regional Victoria for the first time.
The Shepparton Drug Court is scheduled to open in January, while Ballarat will kick off in February 2022.
We encourage you to get in touch if you have any questions or would like help with a potential referral.
Mandatory criteria for a Drug and Alcohol Treatment Order (DATO) include:
- a guilty plea to all charges
- link to drug or alcohol dependency
- your client is facing a prison sentence not exceeding two years
- formal consent to a DATO
- your client lives in the catchment area of a Drug Court (an exception can be made if your client is homeless or does not have an ordinary place of residence).
The Victoria Legal Aid Drug Court teams can assist with the preparation of referrals and appearances at Drug Court hearings.
Victoria’s first Drug Court opened in Dandenong in 2002, before establishing at Melbourne Magistrates’ Court in 2017.
Elanor paid credit to our Dandenong and Melbourne Drug Court teams for developing and sharing resources that have aided in the expansion, including a helpful guide for lawyers, download the Drug Court Info for Lawyers or the accessible Word version.
‘It’s been a great example of internal collaboration and embodies the supportive and committed culture of our Drug Court teams,’ Elanor said.
‘We know how impactful this work can be – we’re seeing firsthand a reduction in the revolving door effect and improved outcomes for our clients.’
A DATO is an intensive but proven alternative sentencing model that works with clients to encourage behaviour change and address the root causes of their offending.
It can include frequent drug testing, weekly court appearances and mandatory counselling.
Our client Neville is living proof of the transformative power of a therapeutic approach to the justice system.
DATC Senior Lawyer Naomi Newbound wrote a recent update on his progress:
At his first directions hearing (in August), his girlfriend was at court. She told the court that she was expecting and the baby was born on 20 October. The couple have named him Damien (not their real name).
Neville was in the room for the birth of his son. This is what he says about the experience, ‘Bunch of different emotions. Couldn’t help but cry. Beaming with pride. Feel like I have the whole DATC team behind me.’
The Department of Families, Fairness and Housing (DFFH) is involved and Neville understands that the DATC team must share information with the DFFH. This is not a problem as he trusts and appreciates his DATC team workers. He told me that they are easy to get along with and he feels that he can connect with them. On this order, he is encouraged to admit when he has used drugs. Whatever difficulties he encounters, he knows that the DATC team support him and will help him to overcome his addiction, step by step.
Neville says whilst it’s still a court at the end of the day, he finds it easy to talk to the judge. He has enjoyed those occasions where he has received a round of applause. ‘It’s a small thing', he told me. 'But it makes you feel good.'
This experience of court is definitely a big improvement on any other court that Neville has experienced. He is grateful for the opportunities that the DATO is offering him. Firstly, his freedom. The opportunity to spend time in the sun with Damien and his partner.
We have been very proud to support Neville in his order. We speak to him before most review hearings to discuss any issues that have been raised, as we do with our other clients. We were able to arrange for Neville to have specialised advice from a lawyer within Victoria Legal Aid’s Child Protection team, prior to Damien’s birth.
Another highlight was the experience of seeking a variation of his curfew condition, the Friday before the birth. This was an excellent example of the multi-disciplinary team pulling together to support a client.
We look forward to supporting Neville to move through the phases of his DATO as he works towards his goal of graduating from the order.
More information
For support with preparing a referral to the County Court Drug and Alcohol Treatment Court, please contact CCDATC@vla.vic.gov.au
For referrals to the Shepparton Drug Court, contact SheppartonVLADrugCourt@vla.vic.gov.au
To Ballarat, contact BallaratVLADrugCourt@vla.vic.gov.au
Read more about the Drug Court on the County Court of Victoria and Magistrates’ Court of Victoria websites.
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