Alternatives to conviction or punishment available for people who use drugs and with drug use disorders in contact with the criminal justice system
By the United Nations Office on Drugs and Crime
In general, there was high level agreement reported by Member States on the need for alternatives to conviction or punishment in the responses to the NVs. Many countries already have legal provision for these to be applied to people with drug use disorder in contact with the criminal justice system and in some cases they have them at all stages in the criminal justice process (and even a range of different types of measures available at each stage).
Nevertheless, despite the high level of policy commitments, the realities of implementing alternative options are striking; some countries reported having no alternatives available, and others have legal provision for alternatives that are never or rarely used. This may be a reflection of wider issues around the overall availability of treatment for drug use disorders. According to the 2021 UNODC World Drug Report, 49 only 1 in 8 persons with a drug use disorder has access to treatment. This is a challenge that needs to be addressed jointly with developing the legal framework and the implementation of alternatives to conviction or punishment for people with drug use disorders in contact with the criminal justice system.
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Alternatives can be challenging to establish as it is essential to have the infrastructure and trained human resources for evidence-based assessment, treatment, supervision, and other health and social support available and they should be evaluated to demonstrate their effectiveness and positive health, social and justice outcomes. Alternative measures also need to be designed so that those who should benefit from them are legally eligible – making the criteria for who can qualify overly complex and prescriptive can make alternatives difficult to be applied in practice. Also, both professionals and the public need to be supportive of the approach if it is to be successful so programmes need to be developed to ensure they have the information and knowledge and see the benefits of providing health services and other effective alternatives to conviction or punishment for people who use drugs in contact with the criminal justice system.
Vienna: UNODC, 2022. 64p.