Partly in response to what it says has been the emerging use and abuse of drugs among youths in and out of school, the Judiciary yesterday launched the first-ever Juvenile Drug Treatment Court (JDTC); opening a dozen simultaneously across the country.
Various Magistrates’ Courts in all three counties—Essequibo, Demerara and Berbice—are now outfitted with DTCs which are aimed at providing a treatment option for young persons with substance-use disorders; who have committed minor offences to support their habit.
During the ceremony at the launch of the JDTC at the Georgetown Magistrate’s Court complex yesterday, Chief Magistrate Ann McLennan who headed the taskforce for the establishment of the court, said that the mission of the court is to reduce crime and substance abuse by youths through therapeutic interventions and judicial supervision.
In delivering welcome remarks, acting Chief Justice Roxane George SC who described the courts as “problem-solving” facilities said that the judiciary is cognizant of drug addiction becoming a societal and public health issue, and that many addicts commit minor offences to support their habits.
The Chief Justice told the gathering that as beneficiaries of local and international training, the judiciary has learnt that the treatment of persons with substance abuse disorders is a better response than punitive measures.
On this point she said it has been found that participants who complete their programmes are significantly less-likely to be arrested again, when compared to those sentenced by traditional means.
She said that from engagements with stakeholder-agencies, it was realized that there are adolescents under the age of 18 who are substance users; and like adults, sometimes commit minor offences to support their addiction.
The new problem-solving courts she said, are tailored to address the needs of its participants—including their drug-use and criminal behaviour associated therewith.
Chief Justice George said that while it is understood that in keeping with the Juvenile Justice Act and international best practices, children should be diverted away from the courts and not be charged with minor offences, the judiciary nonetheless considers it necessary to prepare to engage and engage to treat with juveniles who come into contact with the law and who have substance abuse disorders.
As in the case of adults, she said that a better response would be to give such children the opportunity to enter long-term treatment programnes and agree to court supervision. This she said should especially be the case for children, since the best-practice is that they should not be institutionalized or severely punished for minor infractions of the law.
Such an intervention she said would allow for a holistic response to their needs, thus ensuring attention not only to their family circumstances, but also their health, educational, vocational and recreational needs.
Registrar of the Supreme Court, Attorney Suanna Lovell who chaired the programme, said that the JDTC is in part a response to what has become an alarming trend detected by the Ministries of Education and Human Services and Social Security through their probation and welfare departments, a growing trend of drug-use and abuse among adolescents in schools and the wider community.
At the ceremony in Georgetown, JDTCs were launched virtually at the New Amsterdam, Whim and Fort Wellington Magistrate’s Courts in Berbice—Sparendaam and Vigilance Magistrate’s Courts on the East Coast of Demerara; Wales and Vreed-en-Hoop Magis-trate’s Courts on the West Bank of Demerara; Leonora Magistrate’s Court on the West Bank of Demerara and the Magistrate’s Court at Linden.
Meanwhile, in Essequibo, similar courts were launched at the Charity and Suddie Magistrate’s Courts.
Responsibility
In providing an over-view of the treatment programme, Magistrate McLennan explained that to gain entry to the court, the youth must have been charged and there must be a plea of guilty, thereby accepting responsibility for committing the particular offence or that persons must have been found guilty by a court for the charge.
The sentence for the offence she said, will then be deferred, pending the successful completion of the JDTC programne.
The specialized court she noted, will target youths under the age of 18 who are charged with minor non-violent criminal offences singling out assaults, but clarifying that they would not be domestic-violence related or drug related charges over 14 grams.
Participation in the programme she said is voluntary and a potential participant can elect to be a part of the court, or may also be referred by either law enforcement officers, defence attorneys, probation officer, parents or guardians.
The potential participant the Chief Magistrate said must submit to the DTC case-manager, for an application and waiver to enter the court, while noting that this is regardless of whether they were referred or chose to be part of the programme.
To enter the treatment-court she said, the participant is additionally required to submit to an assessment which will include a drug test under controlled conditions, within 24 hours of expressing a desire to be a part of that court.
The treatment plan she said has four stages, consisting of a minimum of 10 months and may go all the way to a maximum of one year.
She said that the programme will be supervised by magistrates, state counsel from the office of the Director of Public Prosecutions (DPP), defence attorneys, police officers, probation and social services officers, drug or substance abuse treatment providers, the case manager, representatives from the Ministry of Education, family members and other selected personnel.
Magistrate Mc Lennan said that the goal of the team is to provide the juvenile in conflict with the law, with the option to enter a treatment programme which fosters abstinence as an alternative to an institutional penalty and to formulate a treatment plan and supervise the youth throughout the programme until graduation.
The treatment plan she said includes mandatory drug-testing, court supervision, family involvement and community support; while adding that throughout the programme, participants will be rewarded for virtues and sanctioned for non-compliance.
The gathering then heard that upon completion of the programme, a report is sent by the team to the originating court which may impose a probationary period, issue a warning, or even order a complete discharge of the offence for which the participant was charged.
“The juvenile DTC will continue to make a difference in the lives of our young people by providing support and enhanced treatment even after graduation. Our hope is that the youth, though in conflict with the law, will lead spotless and meaningful lives in the future,” the Chief Magistrate said.
In her address, acting Chancellor Yonette Cummings-Edwards who was credited as being the initiator of the initiative said that the JDTC seeks out restorative justice and aims for intervention and prevention as opposed to incarceration in fostering “comparative jurisprudence.”
Against this background she said that the specialized courts represent a new paradigm in that regard in allowing the intersection of the law with “reason, commonsense and logic, compassion, and empathy.”
Partnering with UNICEF to make the JDTC a reality, its representative to Guyana and Suriname, Nicholas Pron lauded the efforts of the local judiciary even as he assured his agency’s commitment to continued partnerships.
He described the initiative as “child-friendly justice” which he says represents a “ray of sunshine and hope” for its potential beneficiaries.
Last month the judiciary conducted a training workshop to sensitize stakeholders about the objectives of the adult and now-launched Juvenile DTC and the roles they would be required to play as drug court team-members.
The adult DTC was launched back in October of 2019.
