Conditional Cautioning - Annex C

The Drug Related Rehabilitative Conditional Caution

The Links Between Drug Use And Offending

Drug using offenders come into contact with the criminal justice system for drug related offences in three main ways:

• Where the offending is a consequence of drug use (e.g. possession of an illegal drug)
• Where drug use contributes to offending (e.g. committing offences while under the influence of drugs)
• Where drug use is an underlying cause of offending (e.g. committing offences to finance drug purchases)

The Policy Response

Where offending is related to drug use, eliminating the offender's demand for drugs is likely to result in a reduction in offending rates. The Drugs Interventions Programme, formerly the Criminal Justice Interventions Programme is a critical part of the Government's strategy for tackling drugs. It is a three-year programme to develop and integrate a range of interventions at various points in the criminal justice system, to direct problematic adult drug-misusing offenders out of crime and into treatment. Conditional Cautioning provides the opportunity for early intervention to prevent the escalation of drug usage to such problematic levels. Conditional Cautioning supports this policy response for those drug-using offenders who are deemed suitable for a Conditional Caution, by offering the offender a rehabilitative condition.

The Drug Related Rehabilitative Conditional Caution

1. For those offenders whom the police and CPS deem suitable for such a Conditional Caution, the condition attached will require the offender to attend a Drugs Assessment, Awareness and Referral Programme, (referred to henceforth as the Programme).
2. The Programme is compatible with the NHS National Treatment Agency for Substance Misuse, Models of care national framework definition of a tier 2 treatment intervention.
3. It is recommended that the Programme comprises the following:

Session 1 - an individual initial assessment of needs with a suitably skilled drugs worker (competent in conducting a Models of care tier 2 triage assessment).

Session 2 - an information and education presentation on drugs and drug related issues, with discussion, facilitated by a drugs worker.

Session 3 - an individual post-course review with a drugs worker to discuss particular issues raised in Session 2 and, if appropriate, to develop a care plan with the offender which could include referral to specialist drug treatment, and/or other helping agencies. Taking up any onward referral will be voluntary and will not form part of the condition.

Why Taking Up The Referral To Specialist Drug Treatment Is Voluntary

The option for the condition to require the offender to engage with specialist drug treatment, if so referred from the Programme, was rejected on the grounds that:

• Such a condition would be disproportionate. It would coerce the offender into treatment, which can only currently occur via a Magistrates or Crown Court sentence disposal of a Drug Treatment and Testing Order (DTTO).
• Those currently selected for a DTTO are highly problematic drug misusers who are often also prolific and persistent offenders. The Conditional Caution will be appropriate for lower level offending and drug use and the penalty should be in line with this.
• Such an option would also extend and make widely variable the time-scale to be allowed for completion of the condition because of waiting times for entry into specialist drug treatment and the time required to complete treatment. (Conditional Cautions must be capable of completion within a maximum of six months of the original offence (if it is a summary offence), to enable prosecution for the original offence in the event of a breach.)
• Most offenders appropriate for the recommended Programme will not require specialist drug treatment, because of their comparatively low level of drug use. A condition that required them to enter treatment with a drugs agency, if so referred, may be counter-productive, by deterring some from accepting the caution.

Key Points The condition of offenders attending a Programme, combining drug awareness with an initial assessment and follow up review and appropriate referral, would be proportionate, achievable and appropriate for drug users committing relatively low gravity offences.

Target Groups For The Drug-Related Rehabilitative Conditional Caution

1. Four potential target groups who may be suitable for this type of Conditional Caution have been identified. They represent offenders at different stages of their drug using and offending careers. They are:
• Individuals whose drug use is recreational
• Individuals whose drug use is becoming problematic
• Individuals who are committing offences and using drugs but whose offending is not caused by drug use
• Individuals who have begun to offend in order to finance their drug misuse

Target group 1: Adult recreational drug users

Description

2. This prime target group comprises those (mainly younger) adults whose drug use is recreational and non-problematic i.e. not causing any real problems to themselves or others at this stage. These young adults will, in the main, be in employment or education, be otherwise law abiding, and will not have previously come to the attention of the police. They are likely to have been arrested for the first time for possession of an illegal drug. They will not perceive their drug use as problematic. They should only be considered for a Conditional Caution if local CPS policy deems them suitable for prosecution.

Aim

3. Given that the majority of this target group are law abiding, apart from their drug use, the Programme intervention will not have a significant crime reduction impact. Rather it will contribute to preventing their progression towards a problematic drug career and related offending. These offenders are least likely to require referral to specialist drug treatment agencies or other helping agencies.

Outcome

4. Likely outcomes might include:
• a reduction in the quantity of, or range of drugs being consumed; or
• the cessation of all illegal drug use sooner than would otherwise have occurred; or
• the prevention of an escalation of usage, which for some vulnerable individuals would have become problematic to both themselves and the community around them.

Target group 2 - Adults whose drug use is becoming problematic

Description

5. This group will include those whose drug misuse is causing physical, psychological, social or legal problems for themselves and may be affecting others. They may have come to the attention of the police before, possibly for an issue directly related to drug misuse. They may or may not perceive their drug misuse as problematic.

   They are likely to have been arrested for possession or a minor offence to which their drug misuse contributed.

Aim

6. The intervention is unlikely to significantly reduce levels of offending, as this group are not persistent offenders. The prime aim will be to reduce drug use or, at a minimum, prevent further escalation of problematic use and offending and any further contact with the criminal justice system. It is probable that in addition to the Programme, some of these offenders will also benefit from referral to a specialist drug treatment agency to reduce their drug usage and other support agencies to address related problems.

Outcome

7. Likely outcomes might include:
• a reduction in the quantity of, or range of drugs being consumed e.g. cessation of using Class A drugs whilst possibly continuing to use cannabis; or
• the cessation of all illegal drug use sooner than would otherwise have occurred; or
• the cessation of escalation of usage, which would probably have become increasingly problematic to both themselves and the community around them.

Both of the above target groups are likely to be using legitimate income to fund their drug usage.

Target group 3 - Adults who are committing offences and using drugs

Description

8. These will be low-level offenders whose lifestyle includes the use and misuse of drugs. They will have been arrested for a comparatively minor offence, possibly including possession, and in the course of the investigative interview suspicions may be raised or confirmed that they use/misuse drugs. They will not be offending to finance their drug use. A Conditional Caution may be used to encourage them to address their drug usage. They may or may not perceive their drug usage as problematic. Some of these offenders will benefit from referral to specialist Tier 3 drug treatment agencies and other helping agencies.

Aim

9. The aim of the Conditional Caution will be to reduce drug usage, so reducing the risk of escalation and preventing some offending behaviour.

Outcome

10. Likely outcomes might include:
• a reduction in the quantity of, or range of drugs being consumed e.g. cessation of using Class A drugs whilst possibly continuing to use cannabis; or
• the cessation of all illegal drug use sooner than would otherwise have occurred;
• some reduction in offending.

Target group 4 - Adults who have begun offending in order to fund their drug misuse

Description

11. These are adults whose drug use is becoming problematic and who are beginning to commit acquisitive offences to fund their drug use. There is a causal link between their offending and their drug misuse. They will probably have come to the attention of the police before for either drugs or acquisitive crime offences or a combination of both and, in the absence of the Conditional Cautioning disposal, would probably have been charged rather than cautioned.

It is very likely that, in addition to the Programme, these offenders will require referral to specialist drug treatment and other support. Complying with the referral recommendation will not form a part of the Conditional Caution (as explained in paragraph 4.1 above).

Aim

12. There may be instances where a Conditional Caution would be appropriate for this group e.g. this is the first time they have come to the attention of the police or they perceive their lifestyle as problematic and appear to genuinely want to change their drug misusing and acquisitive criminal lifestyle. To be considered for a Conditional Caution, given their previous record, the current offence would need to be relatively minor.

Conditional Cautioning is likely to be appropriate for only a minority of these offenders. The aim would be to reduce crime by tackling problem drug misuse.

Outcome

13. Likely outcomes might include:
• significant crime reduction given their probable frequent acquisitive offending behaviour; and
• a reduction in the quantity of, or range of drugs being consumed; e.g. cessation of using Class A drugs whilst possibly continuing to use cannabis; or
• the cessation of all illegal drug use sooner than would otherwise have occurred.

Delivering A Programme Appropriate To A Broad Range Of Offenders

Differences and similarities in the four target groups

1. The four main target groups, previously identified in paragraph 5.1, may be divided into two broader sets for the purposes of Programme delivery.

Set A: Offenders who are drug users but do not tend to commit other crimes, namely:

• target group 1 - recreational drug users
• plus target group 2 - those whose drug use is becoming problematic.

Set B: Offenders who are drug users and do commit other crimes, namely:

• target group 3 - those who commit various crimes and may be using or misusing drugs
• plus target group 4 - those who offend in order to fund their drug misuse.
2. Research findings indicate that set A offenders do not respond as well to drug awareness programmes if they attend with set B offenders. The two sets also have differing needs and the Programme should, therefore, separate the two sets for the education/awareness session.

The Content Of The Programme

1. The minimum recommended content for the Programme is described below:

Session One (applies to both Set A and B)

The offender meets the facilitator (drugs worker) in a 1:1 session at which:

• the purpose of the Programme is explained to him;
• an initial assessment is undertaken to identify the offender's needs and to decide their allocation to either Set A or B for Session Two.

Session Two

The offender attends a facilitated information and education session. This is likely to take around 3 hours and will usually be conducted through group work discussion.

• Set A: Will benefit from information and education about the legal penalties, the physical and psychological health impairments, and other negative social consequences of drug use, plus harm minimisation advice. Emphasis should be on offenders making informed decisions about their drug use. The session should include information not only on the drugs they are using, but also the broad range of drugs that they might otherwise risk progressing to. This should assist a reduction in drug use and prevent escalation.
• Set B: Given that they are becoming, or already are problematic users, they may also benefit from information and education about the legal penalties, physical and psychological health impairments, and other negative social consequences of drug use, i.e. a similar approach as to set A. However there needs to be a greater emphasis on the class A drugs (especially heroin, cocaine and crack), which these offenders are considerably more likely to be using. Harm reduction information should also be delivered. Motivational interviewing techniques should be used to encourage offenders to recognise their situation and take appropriate action. This should be complemented by clear information about local helping agencies e.g. needle exchanges and other specialist drug treatment services. Emphasis should be on the offenders making informed decisions about their drug use.

There should usually be a gap of maybe two days between this and the third session, to allow time for individuals to reflect on and consider what they have learned and decided.

Session Three

The offender attends an individual advice session with the drugs worker to discuss any issues raised and further assistance that might be required. This follow-up advice session with individual offenders, should be used to:

• reinforce their positive intentions and behaviours;
• prompt action by the offender to change their behaviour;
• identify further needs and encourage offenders to accept referral to appropriate agencies.

Key Points The four target groups vary in their levels of drug use/misuse, offending and needs. The content of the Programme must vary in order to respond to the drug and offending needs of the target groups.

Deciding If The Condition Has Been Met

1. The offender must attend each of the three sessions in order to comply with the condition.
2. During the evaluation of the early implementation sites, consideration will be given to the appropriate response should individuals prove disruptive, particularly in session two where such behaviour would be to the detriment of other participating offenders. It may be that, following reasonable warnings that such behaviour is unacceptable, the final recourse would be for the drug worker to tell the offender to leave the session and that this would constitute a breach of the condition. Until implementation demonstrates the extent of the potential for such disruptive behaviour, we are not stipulating what action should be taken by drug workers. They will be best placed to decide whether such behaviour makes the situation, for all parties, untenable and whether they should remove the offender from that session or not. Equally, they may determine whether this should render the Conditional Caution as having been breached, or whether they wish to give the offender a second chance to participate, perhaps following discussion with him/her outside the formal session. The national evaluation will assess whether clear rules are required for such situations.

Programme Provider

The local police and Drug Action Team Joint Commissioning Group will commission an agency to deliver the Programme. The drug workers leading the Programme sessions will need to be competent in delivering National Treatment Agency for Substance Misuse framework Models of care tier 2 interventions.