In 1999 the New South Wales government implemented an evaluated trial of the first drug court in Australia. This paper outlines the initial design and legislative framework of the Court, and the Court's operation over the first six months. For the benefit of policymakers and researchers, challenges that arose in the initial implementation and evaluation process are outlined. Although the Court is based on a North American model, some aspects of the court proved a challenge in the Australian context (such as the development of rewards and sanctions). Difficulties in implementation are outlined, including differences in orientation of a health and welfare perspective compared to a criminal justice perspective and the importance of adequate IT resources for evaluation purposes and for a ‘paperless’ court. In outlining these challenges this article concentrates on the initial implementation phase of a new policy initiative. Long-term evaluation of the project will determine the true success of the Court.
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References
1.
Australian Bureau of Criminal Intelligence (1997) Australian Illicit Drug Report 1996/97.
2.
Australian Institute of Health and Welfare (1999). 1998 National Drug Strategy Household Survey: First Results. AIHW cat.no. PHE 15. Canberra: AIHW (Drug Statistics Series).
3.
BeanP. (1996). Current topic. America's drug courts: A new development in criminal justice in Criminal Law Review, pp. 718–721.
4.
BelenkoS. (1198). Research on drug courts: A critical review. National Drug Court Institute Review, 1(1), 1–42.
5.
ChilversM. (1999). Key Trends in Crime and Justice New South Wales 1998. Sydney: NSW Bureau of Crime Statistics and Research.
6.
DeschenesE.P.TurnerS.GreenwoodP.W.(1995). Drug Court or probation? An experimental evaluation of Maricopa County's Drug Court. The Justice System Journal, 18, 55–73.
7.
DobinsonI.WardP. (1985). Drugs and Crime: A Survey of New South Wales Prison Property Offenders. Sydney: NSW Bureau of Crime Statistics and Research.
8.
DobinsonI.WardP. (1987). Drugs and crime: Phase 2. Research Study No. 6. Sydney: NSW Bureau of Crime Statistics and Research.
9.
Drug Courts Program Office, Office of Justice Programs, US Department of Justice (1997). Defining Drug Courts: The key components. Washington, D.C.: US Department of Justice Programs.
10.
Drug Courts Program Office, Office of Justice Programs, US Department of Justice (1998). Looking at a decade of drug courts. Washington, DC: US Department of Justice Programs.
11.
FreibergA. (2000). Australian Drug Courts. Criminal Law Journal, 24, 213–235.
12.
GoldkampJ.S.US Department of Justice, Office of Justice Programs (1994). Issues and Practices, Justice and Treatment Innovation: the Drug Court Movement. A working paper of the First National Drug Court Conference, December, 1993. Washington, DC: US Department of Justice Programs.
13.
HarrellA. (1998). Drug Courts and the role of graduated sanctions. Office of Justice Programs, National Institute of Justice: Research Preview.
14.
MahoneyB. (1994). Drug Courts: What have we learned so far?The Justice System Journal, 17(1),127–133.
15.
MakkaiT. (1998). Drug Courts: Issues and prospects. AIC trends and issues in crime and criminal justice no 95. Canberra: Australian Institute of Criminology.
16.
MakkaiT. (1999a). Linking drugs and criminal activity: developing an integrated monitoring system. AIC trends and issues in crime and criminal justice no 109. Canberra: Australian Institute of Criminology.
17.
MakkaiT. (1999b). Drugs and property crime. ABCI Australian Illicit Drug Report, 1997–98, Canberra: ABCI, 105–113.
18.
MakkaiTFitzgeraldF.DoakP. (2000). Drug use among police detainees. Crime and Justice Bulletin, Number 49, March 2000. Sydney: Bureau of Crime Statistics and Research.
19.
Ministry of Justice, Western Australia (1999). Justice Issues and Initiatives in Western Australia, Issue 4, August 1999.
20.
MurphyS. M. (1997). Drug Courts: an effective, efficient weapon in the war on drugs. Illinois Bar Journal, 85, 474–479, 487.
21.
MurrellG. (1999). The Drug Court of New South Wales. Judicial Officers' Bulletin, 11(2), 9–11.
22.
NSW Bureau of Crime Statistics and Research (1999). New South Wales Criminal Courts Statistics 1998. Sydney: NSW Bureau of Crime Statistics and Research.
23.
Queensland Criminal Justice Commission (1999). Diversion of drug offenders and drug dependent offenders from the criminal justice system: A briefing paper. Research and Prevention Division.
24.
StevensonR.J.ForsytheL.M.V. (1998). The stolen goods market in New South Wales: An interview with imprisoned burglars. Sydney: NSW Bureau of Crime Statistics and Research.
25.
SwainM. (1999). The illicit drug problem: drug courts and other alternative approaches. NSW Parliamentary Library Research Service, Briefing Paper No 4/99.
26.
TauberJ. (1994). Treating drug-using offenders through sanctions, incentives. Corrections Today, Feb 1994, 28–30, 32–33, 76–77.
27.
The Daily Telegraph 9/2/99 Three cases that will change the face of Australian justice. p. 4.
28.
The Daily Telegraph 10/2/99 No deals today: Drug Court's first three cases are adjourned. p. 19.
29.
The Daily Telegraph 11/2/99 Three more join Drug Court test. p. 9.
30.
The Drug Court Act 1998 (NSW)
31.
US Department of Justice, Office of Justice Programs (1998). President Clinton Announces $27 million for more drug courts in Office of Justice Programs News. Washington, DC: US Department of Justice Programs.
