Appeal Court orders drug rehab for offender

A man who pleaded guilty to a drug-related offence will be referred to the Drug Treatment Court (DTC) as part of his ongoing rehabilitation, the Court of Appeal has ruled.

Justices of Appeal Gillian Lucky, Mira Dean-Armorer and Carla Brown-Antoine allowed the man’s appeal, setting aside the 14-month custodial sentence imposed by a High Court master. They remitted the case to the same master, directing her to refer the man formally to the DTC and determine the terms of his participation to ensure he meets his obligations to the court, society and family.

Lucky explained why the appeal succeeded: “The master acknowledged he was a suitable candidate for the drug treatment process, but it was not followed up. That referral was never made part of her sentencing.”

Brown-Antoine, who sits on the Supreme Court’s rules committee, noted there are currently no rules guiding judicial officers on making DTC referrals before imposing a sentence.

The man’s attorney, Craig Beepath, recommended that the master assess a report on his treatment for substance abuse and make a formal recommendation to support his rehabilitation journey. Assistant Director of Public Prosecutions Danielle Thompson agreed that while the sentence itself was appropriate, the missing referral created a “theoretical inconsistency.”

The DTC was launched as a pilot programme in 2012 and offers non-violent offenders struggling with addiction a chance to access treatment under court supervision. At its launch, Chief Justice Ivor Archie described the court as a transformative initiative aimed at breaking the cycle of addiction, arrest and recidivism.

“It offers those afflicted with addiction an opportunity to access services under the umbrella of the court, equipping them for a productive life with healthy relationships,” Archie said. “This is a tough programme with real sanctions that requires discipline and commitment…It is truly transformational.”