Criminal justice

The Law Commission is considering submissions on Controlling and Regulating Drugs – its issues paper on the reform of the Misuse of Drugs Act 1975. Sanji Gunasekara outlines some key points from the Drug Foundation’s submission about a new approach to personal possession of drugs.

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The Drug Foundation has published its submission to the Law Commission's issues paper - "Controlling and Regulating Drugs" - on the reform of New Zealand’s drug laws.

Our comments on this report are influenced by our guiding principles, including a commitment to evidence-based best practice and policy, and harm minimisation. Information about the Drug Foundation is appended to this submission.

“Give needles to inmates” was the Dominion Post’s provocative headline when reporting on our “Alcohol and other drugs in the criminal justice system” policy, and a proposed Australian prison needle exchange has just been sunk after media controversy.

The New Zealand Drug Foundation supports the intention of the bill to acknowledge the multiple needs of youth offenders and their families and whanau by both extending the jurisdiction of the youth court and strengthening and expanding the orders available to youth courts in order to provide  more effective treatment and rehabilitation services.

The connection between youth offending and drug and alcohol use cannot be denied, contends Principal Youth Court Judge Andrew Becroft, and this is a non-negotiable source of concern for the courts. While dealing with young offenders’ drug and alcohol issues is complex, requiring a whole-of-community approach, judges must uphold their duty to eliminate illegal drug use by young people.

Over the course of two weeks in November 2007, Vietnamese courts condemned 35 people to death for drug related offences [1]. It was such a flurry of death sentences that even the media became interested after having ignored the issue for so long.

Policing legislation is under the spotlight. Mike Webb highlights alcohol and other drug related issues that have been explored as part of the government’s review and foreshadows what may feature in a draft bill later this year.

Our policy position, Reducing alcohol and other drug problems in New Zealand’s criminal justice system, outlines what we think are the ‘best buys’ for the government. As well as addressing the serious health needs among prisoners, these measures should go a long way towards reducing reoffending.