When we reflect on how best laws should be enforced, the best starting point is often to ask why people continue to break these laws. That is certainly true in the case of the laws to do with substance abuse and their effect on young people. The experience, reflection and research by Jesuit Social Services in accompanying young people suggest that for many people addiction and associated law breaking are associated with many other measures of disadvantage which interact with one another. These are clustered in relatively few geographical areas. It follows that an adequate response to drug offences by young people must be locally based, must address the effects of disadvantage, help them to take responsibility for their actions and strengthen connections with society. The justice system is not generally effective in meeting these goals.
The first challenge and opportunity posed by illicit drugs is to address the causes of addiction. This demands diverting funding from the criminal justice system to fund programs in those local areas which will address in a coordinated way the effects on young people of poverty, poor housing, prevalence of domestic violence and drug abuse, lack of open space, uncoordinated health and welfare services, mental and physical illness, lack of employment and other signs of disadvantage. These deficiencies are the soil out of which addiction grows and spreads. To address them will demand a sustained and concerted commitment by government and other services to provide services and to accompany vulnerable young people.
The association of drug addiction among young people with disadvantage suggests also that it should not be treated primarily as an issue of law enforcement but as an issue of public health. People who are addicted usually have other problems associated with physical and mental health and need access to treatment in a trusting environment. For the same reason harm minimisation through injecting rooms is important. They are an easy way for people with addictions to make early contact with health workers and to build a basis of trust for later treatment.
Third, generally speaking the response to people with addiction should be person-based and not crime based. Many young people graduate from the justice system as children into adult prison. The lack of understanding of elements of the justice system such as the conditions attached to bail often lead to further charges and detention. This is particularly the case with Indigenous young people. The keys to an effective response are prevention, early intervention and diversion. Alternatives to processing through the courts should have the effect of holding people responsible for their actions and helping them to take responsibility. They may include programs of restorative justice and alternative sentencing options that address the causes of crime. The justice system allows alternatives to custodial sentences such as cautioning and diversion to programs designed to help young people overcome addiction. They should be more widely available.
(These reflections are drawn from one of many submissions made by Jesuit Social Services to government inquiries on current issues. The submissions always focus on the needs of the people, especially young people, whom our Jesuit Social Services staff accompany work and whose experience and needs we understand. The full submission can be seen here: https://jss.org.au/policy-submissions/australias-illicit-drug-problem-challenges-and-opportunities-for-law-enforcement/