Drug laws, penalties and alternatives across Europe
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1 Drug laws, penalties and alternatives across Europe Brendan Hughes Principal Legal Analyst, EMCDDA 9 November 2016
2 2 Decriminalisation, legalisation.? Decriminalisation = to reduce the penalty, from criminal to non-criminal Available on EMCDDA website, YouTube
3 3 Why reduce penalties? Portugal Norway Slovakia Malta Austria Belgium UK Greece Romania Croatia Slovenia Latvia Lithuania Addicts to treatment Public health response Law enforcement resources Prison resources Criminal justice efficiency Criminal justice reform (not drugs)
4 Why increase penalties? 4 Denmark Italy UK Public message: harm, disapproval Austria Sweden Increase police powers: Investigation Detention
5 Non-criminal offences no common definition! 5 Criterion Legal basis Example Not in Criminal Code Awarding / administering authority Police, not Court Penalty Record of the offence No prison No national criminal record
6 Possession of drugs for personal use (minor offences): possibility of incarceration in laws 6 (ELDD Penalties at a glance personal possession: EDR 2016, Figure 1.14)
7 Do changes in legal sanctions result in observable changes in cannabis use rates? 7 With many caveats, the best available evidence shows no clear impact of penalty changes on cannabis use. (EMCDDA Annual Report 2011, Ch.3) (!! penalty changes, not removal)
8 8 Personal use penalties - trends Drugs control laws (30 countries) For users: criminal or non-criminal penalty Specific NPS control laws ( 11 countries) For users: no penalty (maybe confiscation) (LV non-criminal, HU > 10g in product)
9 9 Decriminalisation is not a public health approach It is only less severe punishment. What about alternatives to punishment?
10 Where should the balance be? 10 Punishment Rehabilitation Treatment only for heroin addicts who have no criminal record?
11 11 Alternatives to punishment Choose ATP to affect: Individual: e.g. treat addiction Society: reduce drug-related crime / disease State structures: reduce pressure on criminal justice system EMCDDA (2015): Alternatives to punishment for drug-using offenders
12 Types of alternatives to punishment in Europe 12 Police Pros. Ct. Sentence Number of member states Kruithof et al (2016): Study on alternatives to coercive sanctions as response to drug law offences and drug-related crimes. European Commission DG MHA / RAND Europe
13 ATPs Design Factors 13 EMCDDA (2015): Alternatives to punishment for drug-using offenders
14 14 Alternatives to punishment (EU study) 108 alternatives to punishment in EU countries. 78 had data on the number of times used. Experts/data say most ATPs are rarely used by judiciary. 19 had data on the number of successful completions. Kruithof et al (2016): Study on alternatives to coercive sanctions as response to drug law offences and drug-related crimes. European Commission DG MHA / RAND Europe Does it work? Heroin > Cannabis? 400 thefts > 20 thefts? Reducing court time? EMCDDA (2015): Alternatives to punishment for drug-using offenders
15 15 What improves success of alternatives? Evidence is weak, but promising: Target the individual offender (eligibility, needs, risk factors) Try to retain offender in treatment, motivated Consider implementation (restrictive rules, people, financing ) Monitor and evaluate! Kruithof et al (2016): Study on alternatives to coercive sanctions as response to drug law offences and drug-related crimes. European Commission DG MHA / RAND Europe
16 16 Evaluating rehabilitative alternatives: This Drug Court is only allowed to continue because we constantly collect and submit statistics on recidivism rates, drug use rates, and cost-benefit calculations. Yet, when I was just locking offenders up, nobody asked me for any of those. Judge Jo-Ann Ferdinand, Presiding Judge of Brooklyn Treatment Court, NYC in EMCDDA (2015): Alternatives to punishment for drug-using offenders
17 The balance in Portugal 17 Punishment Rehabilitation
18 18 The Portuguese model: Decriminalisation? (A process, finished 15 years ago) Or a Public Health Approach?
19 For more information: 19 YouTube: What is decriminalisation? Interactive: ELDD; Penalties at a glance EC study 2016: Kruithof et al. Report: Sentencing and other outcomes (2009)
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