Drug Treatment and Testing Orders

Before being placed on a Drug Treatment and Testing Order, the person must give consent and be willing to:

• accept treatment for drug/alcohol misuse;
• be frequently and randomly drug tested;
• attend court on at least a monthly basis so that the Sheriff can review progress;
• be supervised by the Drug Treatment and Testing Order Team (Social Work and Health Staff).

How successful are Drug Treatment and Testing Orders?

Drug Treatment and Testing Orders have now been operating in West Lothian since 2005. We have seen a considerable reduction in offending from those who have been placed on such orders and have complied with them. Of the people who have so far completed Drug Treatment and Testing Orders, almost all of them have demonstrated a sustained reduction in alcohol or illicit drug use and have become much better at avoiding risk-taking in their drug/alcohol use. Many people on Drug Treatment and Testing Orders have showed improved physical health.

Who is suitable for a Drug Treatment and Testing Orders?

Drug Treatment and Testing Orders are for people who:

• are mature enough to understand the need for change in their lives;
• have previously appeared in court several times for drug-related offending;
• have a history of drug/ alcohol misuse;
• are now appearing in court for drug or alcohol related offending.

What happens if someone gets a Drug Treatment and Testing Orders?

Following an assessment, and if the court agrees to the use of a Drug Treatment and Testing Order, treatment will begin immediately. 

All Drug Treatment and Testing Orders are reviewed regularly by the court. The Sheriff will consider the person's progress and look at their drug test results.

Failure to comply with a Treatment Plan will result in a breach report being sent to the court. If this happens the Sheriff can sentence an offender for the original offence. This may well result in the person receiving a custodial sentence.

What happens if an offender has a positive drugs test?

The Court expects offenders to reduce their drug taking and offending, but realises that this may be difficult. It is important that people try to co-operate with their treatment programme and that they:

• are honest about their drug use
• are open about the various other difficulties they have and try to deal with them.

What happens if someone offends when on a Drug Treatment and Testing Order?

The Sheriff will want to know if an offender has been convicted, and why. The Court may ask for another report that will say how the person has been getting on.

If someone is sent to prison during the course of a Drug Treatment and Testing Order Order, a decision will be made about whether the order should continue. In normal circumstances, the Drug Treatment and Testing Order Order will continue if imprisonment has been less than 4 months, either in custody or on remand awaiting court proceedings.