Community sentencing options for people with substance use problems: review findings summary

Footnotes

1. Substantial practical, legal and ethical challenges make it very rare for studies in this space to utilise the most rigorous methodologies like randomised controlled trials (RCTs) or robust quasi-experimental or matching approaches, meaning that researchers seldom have access to a meaningful comparator group that would allow them to confidently attribute impact.

2. It is organised based on Wallace's (2019) "Recommended Menu of Evidence Based Addiction Treatment" from the leading textbook on mandated drug dependency treatment, supplemented with evidence from the wider literature on addressing people's complex needs in this setting.

3. These acronyms refer, respectively, to Alcoholics Anonymous, Narcotics Anonymous, Cocaine Anonymous and Crystal Meth Anonymous

4. See, for example, the Identity Theory of Desistance (ITD) (Patenoster and Bushway, 2009), the Social Identity Model of Cessation Maintenance (SIMCM), the Social Identity Model of Recovery (SIMOR), and Social Identity Model of Transition (SIMT)(Frings and Albery, 2015; Best et al, 2016; Kay and Monaghan, 2018).

5. These acronyms refer, respectively, to Alcoholics Anonymous, Narcotics Anonymous, Cocaine Anonymous and Crystal Meth Anonymous

6. See, for example, the literature canvassed in International Approaches to Drug Law Reform (Scottish Government, 2021): International approaches to drug law reform: research - gov.scot (www.gov.scot)

7. It is worth noting that section 26 of the Criminal Justice and Licensing (Scotland) Act 2010 states that voluntary intoxication of alcohol is not to be seen as a mitigating sentencing factor.

8. Presumption Against Short Periods of Imprisonment (Scotland) Order 2019, via Criminal Justice and Licensing (Scotland) Act 2010.

9. Lord Advocate’s Statement on Diversion from Prosecution (2021) Lord Advocate statement on Diversion from Prosecution | COPFS

10. This guidance is now somewhat out of date – having been published before some significant social work practice changes, but remains generally applicable.

11. See page 5 of the ‘Justice social work reports and court-based justice social work services’ practice guidance for more information.

12. Please refer to Scottish Sentencing Council guidelines for a comprehensive outlines of steps required to arrive at a decision: The sentencing process | Scottish Sentencing Council