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Jo Coles - York and North Yorkshire Deputy Mayor for Policing, Fire and Crime

Jo Coles - North Yorkshire Deputy Mayor for Policing, Fire and Crime

Home - Drug related diversion schemes

Drug related diversion schemes

Information provided

Our Ref: 27 August 2020 - NY5489

I write in connection with your request for information that was received by the Office of the Police, Fire and Crime Commissioner for North Yorkshire (OPFCC) on 23rd July 2020. Please accept our apologies for the delay in providing you with a response.

I note you seek access to the following information:

I am requesting information on the operation of drug related diversion schemes being run by your constabulary, or third party schemes that involve partnership working with the police. I appreciate that this information will be recorded differently across all the different authorities receiving this request, and may not be readily available in the format, so I’ve further described the information I’d like to receive below. I would be happy to discuss ways to tailor my request if what I’ve asked for is too cumbersome or vague or simply doesn’t exist in the way that I’ve asked for it. If you are unsure whether a scheme fits the criteria, please include it and I can judge whether or not it is relevant to my research. 

  1. A list of all the drug-related diversion schemes currently being used by your constabulary
  2. A summary description of what each scheme does and how they work. Hopefully this will be present in a pre-existing document rather than having to be a newly written summary, but if so it does not need to be particularly long.
  3. The number of people going through each scheme in the last year. Preferably this would be the financial year 2019/20, but please note if you can only provide a calendar year or the most recent 12 month period.
  4. A document outlining the scope of the scheme – ideally I would like to see the most recent document that outlines the scheme or its efficacy. Where there are many such reports on a particular scheme, I would be happy with just the most recent – but feel free to send more. 

Extent and Result of Searches to Locate Information 

To locate the information relevant to your request searches were conducted within the OPFCC.

I can confirm that the information you have requested is held by the OPFCC.

Decision 

I have today decided to disclose the located information to you.

  1. A list of all the drug-related diversion schemes currently being used by your constabulary
    1. There are two adult and two young people’s Drug and Alcohol Referral Schemes; all commissioned directly by North Yorkshire County Council and City of York Council respectively;
  1. The OPFCC contribute financially to the Criminal Justice elements of the Integrated Substance Misuse Service Contracts within North Yorkshire and City of York Public Health Adult Substance Misuse Services;
  2. The OPFCC contribute financially to the young people’s Drug and Alcohol Referral pathways within North Yorkshire and City of York Public Health CYP Substance Misuse Services.
  1. A summary description of what each scheme does and how they work. Hopefully this will be present in a pre-existing document rather than having to be a newly written summary, but if so it does not need to be particularly long.
    1. The overall aim of the services is to be able to identify where substance misuse is a factor in someone’s offending, addressing those issues that lead to offending and to provide diversion options which in turn are anticipated to reduce overall re/offending rates. The criminal justice element forms part of an integrated approach to substance misuse services.
    2. A clear objective is to strengthen and improve existing partnership working arrangements and inter-partnership communications to better identify and support those coming into contact or at risk of coming into contact with the criminal justice system because of their drug and / or alcohol misuse.
    3. Those entering treatment through a criminal justice pathway will receive the same level, type and quality of service offer as any other individual would expect when entering the treatment journey through any other pathway.
    4. The Funding contribution from the OPFCC is to enhance access to this treatment through the criminal justice pathways and enhance partnership working arrangements.
  2. The number of people going through each scheme in the last year. Preferably this would be the financial year 2019/20, but please note if you can only provide a calendar year or the most recent 12 month period.
    1. Adults:
  1. Total York referrals to CJ pathway April 19 – March 20: 256
    1. DAR/AARs: 107
    2. Prison release: 126
    3. CRC DRR: 4
    4. Police referral: 19
  2. Total NY referrals to CJ pathway April 19 – March 20: 329
    1. DAR/AARs: 151
    2. RAR: 3
    3. IOM: 11
    4. On licence: 51
    5. Custody Healthcare: 42
    6. Self referral: 15
    7. CRC/NPS ATR/DRR: 56
    1. Young People DARs (across NY and York) referred via Youth Outcomes Panel April 2019-March 2020 = 5 please note these are referrals from the Youth Outcomes Panel only– there will be more referrals than this but OPFCC do not hold this data.
  2. A document outlining the scope of the scheme – ideally I would like to see the most recent document that outlines the scheme or its efficacy. Where there are many such reports on a particular scheme, I would be happy with just the most recent – but feel free to send more. 

Adults:

    1. DARs are aimed at low level offending with an admission of guilt. The Drug Referral scheme is now available for those that are dealt with as a voluntary attendee (VA). The emphasis is on ensuring intervention opportunities are provided where it is anticipated that reoffending can be reduced. It is an informal Out of Court Disposal. The nationally agreed Prosecution Decision Making Matrix will be the principal tool for determining prosecution options for drugs related offences. The Matrix gives basic gravity scores for drugs offences. Where the investigation concerns small quantities of controlled drugs consistent with personal possession and no other aggravating factors, and the offence is fully admitted, then the final gravity score for possession of class ‘A’, ‘B’ and ‘C’ drugs potentially qualifies the suspect for diversion from prosecution via drug referral. For low level production/cultivation of class ‘B’ and ‘C’ drugs the suspect may also potentially qualify for the drug referral scheme where proportionate. The starting point for any restorative disposal is an acceptance of guilt by the suspect and a willingness to participate in a restorative justice process.

Young People

    1. DARs are aimed at low level offending with an admission of guilt. A DAR decision is an informal Out of Court Disposal so does not require a young person to be referred to Youth Outcomes Panel (YOP), unless it is part of wider offending and the YOP may be able to provide a steer on the best way to progress that individual. For example, a case may be sent to YOP for consideration of a charge or conditional caution, but the panel agree that a DAR could be the potential outcome or used as part of a number of measures.
    2. DARs are an available disposal for anyone that is investigated and this will normally be someone arrested or dealt with as a voluntary attendee (VA) at the police station. However, it may be that sometimes a person is interviewed away from the police station and the DAR can still be a valid outcome e.g. it may not be proportionate to bring four young people into the police station as a VA, or under arrest for a minor possession offence, especially if they live some distance from a VA room. It may be that the officer interviews that young person in the presence of an adult at an alternative location such as home address. 

CJ pathway part of contract aims to ensure:

    1. Consistency of support for Offenders in custody and upon release from prison for those where substance misuse was a contributing factor to their offending.
    2. Clear pathways within the criminal justice system including Police, Probation, Prisons and the Liaison and Diversion Services.
    3. Work with Integrated Offender Management (IOM) teams to identify and engage substance misusing offenders into service and to support the wider IOM aims and objectives. This will include co-location of service staff within local IOM teams where relevant and helpful to do so.
    4. Ensure that individuals referred through the criminal justice pathways, including but not limited to Drug / Alcohol Arrest Referrals from Custody, will have direct access to the full service offer available.
    5. Work within the Drug Rehabilitation and Alcohol Treatment Requirement (DRR/ ATR) arrangements and Positive Requirements as part of a Criminal Behaviour Order (CBO), including provision of reports for court purposes.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that the OPFCC’s response to your questions should not be used for comparison purposes with any other responses you may receive.