EDITORIAL

Say yes to problem solving courts

Just over two years ago, it was noted that Barbados would be moving in the direction of having problem-solving courts (PSC) to address the underlying problems that contribute to criminal behaviour, as well as cut down on adversarial matters, that might otherwise go through the ordinary court system.

Key officials noted at the time, that whilst the island’s lone Drug Treatment Court served as a PSC, the aim was to also bring on stream a Family Court, as well as a dedicated Juvenile Court.

With the Drug Treatment Court, it was noted that this would focus more so on what has brought on the criminality, rather than the act itself and so, the issue of drug addiction would be addressed. With the dedicated Family Court, adversarial relationships and divorce matters would be addressed and the days of spouses fighting and having the children being party to that would be reduced, as partners would come in and sit down and try to solve their problems, so that they could go their separate ways. With the dedicated Juvenile Court, focus would be placed on treating to matters of young persons who have to go through the judicial system, so they do not get lost in the overall framework. The court would therefore be used as a vehicle to help the child.

Now whilst we have seen some progress with the Drug Treatment Court, we are yet to see a Family Court or a Juvenile Court being established, as suggested. We would however love to see these courts in operation and a greater effort must be made to have them established, just as there has been that great push for the DTC.

That said, to date, Barbados has been commended for its push to have the Drug Treatment Court (DTC) set up on the island and for its effort in seeking out alternatives to imprisonment, for drug addicted offenders. Representatives of the Inter-American Drug Abuse Control Commission (CICAD), which has been giving support to DTC’s across the Caribbean, has been on record as noting that Barbados stands out amongst the other countries bringing DTCs on board, on account of its efforts at emphasising team work, while embracing a multi-disciplinary approach.

In terms of how the court is run, it has been noted that the DTC is designed to supervise cases of non-violent drug dependent offenders, who agree to participate in treatment for their substance addiction. The court combines the traditional powers of a court in the criminal justice system, with available treatment options. As such, the DTC operates to divert non-violent offenders with substance abuse problems from incarceration, into court supervised treatment programmes. Where a person is unsuccessful in the programme, the DTC magistrate retains his or her magisterial power and the offender can be sentenced for the charged offence.

Several benefits of the DTC have been outlined and these include a reduction in crime, a reduction in the prison population thereby saving taxpayers’ dollars, a reduction in the backlog of criminal justice system and an increase in public safety. It has also been noted that offenders are provided with an opportunity to be productive members of society and they can likely be re-integrated into the community, after being re-united with their families.

It has meanwhile been noted that treatment facilities on the island such as CASA and Verdun House are in need of better funding, to give support to the DTC. Nevertheless, given the success to date of the Drug Treatment Court, it is time we look into bringing other problem-solving courts on-stream.

Barbados Advocate

Mailing Address:
Advocate Publishers (2000) Inc
Fontabelle, St. Michael, Barbados

Phone: (246) 467-2000
Fax: (246) 434-2020 / (246) 434-1000