The courts are not just for sending people to prison, writes Karyn Mccluskey

It can often feel in the justice sector that we spend a lot our time discussing what’s going wrong in the system – I’m guilty of it myself. We’re quick to flag up facts and figures which point to things getting worse and even keener to paint a picture of growing doom and gloom. That’s not to say it isn’t vitally important to scrutinise and criticise public services; for so many, contact with services like justice – or health or the welfare state – are confusing, traumatic and can scatter the pieces of their lives so much that they struggle ever to put them back together again. But however important it is to highlight how big the (often Sisyphean) task is, nothing will change until you put your shoulder into the job at hand, and push.

And in Scotland we know how to push. We can be a dour lot, sensing the spectre of our Calvinistic forefathers wagging their finger when we think about blowing our own trumpet. But, blow it we must, because we are doing brilliant, exciting and innovative things in Scotland.

Last year I talked a lot about the scale, depth and breadth of the problem we face in justice; how we punish, who, why and to what end. This year I am going to tell you about what is happening across our small country to change our justice system for the better. Because there is hope; there’s always hope.

You might be familiar with the idea of problem-solving courts and, if not, you might be wondering, aren’t all courts problem-solving? The answer to that depends on what you think the problem is. The judges’ traditional role is to give the most appropriate sentence for the crime – however, in problem-solving courts the focus is on what the best course of action is to reduce offending and address the drivers of the crime. This means they are often specialised, either working on a particular issue, like alcohol or drugs, or a particular group of people or type of crime. The Centre for Court Innovation’s review of the problem-solving courts concluded that they not only reduce re-offending but also improve compliance with court orders. These courts first emerged in the US, but are used all over the world – including in Scotland.

The Glasgow Drug Court, opened in 2001, manages people on drug treatment and testing orders (DTTO) and offers them a multi-disciplinary treatment service and regular judicial monitoring. On a DTTO you agree to be treated and tested for drug use – and this is no easy option. You have to commit to change and failure to comply can often mean a custodial sentence. Sheriff Lindsay Wood, who presides, deals with compassion and as an individual, taking an interest in their lives, not just their conviction. He praises progress where he can and reprimands where he must, but the feeling inside his court is one of optimism and hope. And, as the long list of graduates from his court attest, this works.

And this isn’t the only example of court innovation in Scotland. The Aberdeen problemsolving court focuses on women and young men with complex needs and multiple previous convictions. Participants engage with an intensive personalised treatment package and meet with social work weekly with court reviews of their progress every four weeks. In Edinburgh there is an alcohol problem-solving court, which is targeted at men who have a pattern of alcohol-related offending.

The justice “problem” isn’t insurmountable. Make this your new year’s resolution and let’s make a difference. l Karyn Mccluskey is chief executive of Community Justice Scotland