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Legislation and policy exists in different jurisdictions which enables the diversion of drug-using detainees, defendants and convicted offenders, at various stages of the criminal justice process, to various forms of education and/or treatment. This PhD project conducted by Tim McSweeney involved a conceptual and empirical analysis of two forms of pre-sentence drug diversion: a compulsory approach (England) and a voluntary ‘opt-in’ model (Australia).

This project aimed to examine the extent to which each program was effective in promoting compliance, recovery and desistance from crime, and to better understand how and why aspects of program theory, implementation and delivery aided or impeded the achievement of each objective. The methods included semi-structured interviews with respondents in both programs, and secondary analysis of eight linked administrative datasets.

The analysis found that the two approaches encountered challenges in applying concepts of compliance, recovery and desistance into practice, due to factors linked to policy, implementation and delivery. Key implications for ‘drug-related’ diversion include the need for theoretically and empirically informed adaptations to the type of offenders targeted by these programs, and a sharper focus on addressing structural and environmental factors which may inhibit behaviour change.

leads the at the ARU, UK.