Referral Scheme for First Time Offenders of Illicit Drug Use PDF

**REFERRAL SCHEME FOR FIRST TIME OFFENDERS OF ILLICIT DRUG USE** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | | +-----------------------------------+------------------...

**REFERRAL SCHEME FOR FIRST TIME OFFENDERS OF ILLICIT DRUG USE** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | | +-----------------------------------+-----------------------------------+ | Reference No | SO CR 11 | +-----------------------------------+-----------------------------------+ | Relevant Department or Group | | +-----------------------------------+-----------------------------------+ | Ownership | | +-----------------------------------+-----------------------------------+ | Document Authors | | +-----------------------------------+-----------------------------------+ | Approved by | | +-----------------------------------+-----------------------------------+ | Approval Date | | +-----------------------------------+-----------------------------------+ | Implementation Date | | +-----------------------------------+-----------------------------------+ | To be Reviewed Date | | +-----------------------------------+-----------------------------------+ | Last Revised Date | | +-----------------------------------+-----------------------------------+ | Quality Assured by | | +-----------------------------------+-----------------------------------+ | Protective Marking | | +-----------------------------------+-----------------------------------+ | Linked to other | | | | | | Standing Order | | +-----------------------------------+-----------------------------------+ | Relevant Legislation | | +-----------------------------------+-----------------------------------+ | Pages | | | | | | (including this page) | | +-----------------------------------+-----------------------------------+ **\ ** **TABLE OF CONTENTS** --------------------------------------------------------------------------------------------------------- -------------------------------------- ---------------------------------------- [1. Introduction](#_Hlk32821846) [[Pages 4 ]](#44sinio) [[Section 1 ]](%5Cl) [][2. Targets of the Protocol of Cooperation](%5Cl) [ ] [[Pages 5 ]](%5Cl) [[Section 2 ]](#section2) [3. Methods of Operation](#section3) [[Pages 5-6 ]](#17dp8vu) [[Section 3 ]](#section3) [4. Referral Procedure Via the Drug Law Enforcement (D.L.E.U](#section4)[)] [ ] [[Pages 6-8 ]](#3rdcrjn) [[Section 4](%5Cl) ] [5. Certification of Completion of a Treatment Program](#section5) [[Pages 8-9 ]](%5Cl) [Section 5](#section5) [ ] [6. Personal Data Protection](#section6) [[Pages 9 ]](#lnxbz9) [[Section 6](%5Cl) ] [][7. Responsibilities and Coordination](%5Cl) [ ] [[Pages 9 ]](#35nkun2) [[Section 7](#section7) ] [8. Conclusion](#section8) [[Pages 9]](%5Cl) [[Section 8](#section8) ] --------------------------------------------------------------------------------------------------------- -------------------------------------- ---------------------------------------- **INDEX OF ANNEXES** [Annex A](#AnnexA) [Criteria for the application of the Protocol of Cooperation ] [Page 9](#AnnexA) -------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------- [Annex B](#AnnexB) [ ] [List of the Governmental and Semi-Governmental Treatment Centres ] [Page 10](#AnnexB) [Annex C1](#AnnecC1) [Form for the Referral of Young Offenders who Fulfil the Criteria to a Treatment Centre in Accordance with the Protocol of Referral Form from SBA Police to Drugs Law] [Pages 11-12](#AnnecC1) [Annex C2](#AnnecC2) [ ] [Enforcement Agency ] [Pages 13-14](#AnnecC2) [Annex D](#AnnecD) [Feedback From Following the Referral of Young Offender to a Treatment Centre in Accordance with the Protocol of Cooperation for Young Offenders who fulfil the Criteria] [Pages 15](#AnnecD) [ ] [Annex E](#AnnecE) [Certification of Completion of a Treatment Programme for Young Offenders who Fulfil the Criteria in Accordance with the Protocol of Cooperation ] [Page 16-17](#AnnecE) [Annex F](#AnnecF) [Form for the Referral of Young Offenders who do not Fulfil the Criteria to Treatment Centre in Accordance with the Protocol of Cooperation ] [Page 18-19](#AnnecF) [ ] [Annex G](#AnnecG) [Feedback form Following the Referral of Young Offender to a Treatment Centre in Accordance with the Protocol of Cooperation for Young Offenders who Do not Fulfil the Criteria ] [Page 20-21](#AnnecG) [Annex H](#AnnexH) [Feedback form Following the Referral to a Government Treatment Centre of Individuals who do not Fulfil the Criteria of the Protocol of Cooperation ] [Page 22-23](#AnnexH) [Annex I](#AnnexI) [Certification of Completion of a Treatment Programme for Young Offenders who do Not Fulfil the Criteria in Accordance with the Protocol of Cooperation ] [Page 24-24](#AnnexI) []{#_Hlk32821846.anchor} **1.** **Introduction** 1.1 In a continuous effort to tackle the problem of illicit drug use and help young users to give up this illicit activity and following the successful results of previous drug referral schemes across the Island of Cyprus, the SBA Police will continue to be part of the newly protocol of cooperation. 1.2 The protocol of cooperation refers young offenders into rehabilitation programmes offered by Government and Semi Government Treatment Centres. This programme is a referral scheme which encapsulates part of the prevention activities and principles against illicit drug use. 1.3 The purpose of this Policy is to make everyone aware of the referral scheme, its operating principles and the steps to be followed by SBA Police for its smooth running. This Protocol of cooperation was signed by SBA Police Deputy Divisional Commander (West) in July 2019 and the relevant ROC key stakeholders; the Cyprus Anti-Drugs Council; the Cyprus Police (Drug Law Enforcement Unit) and the Cyprus Mental Health Services making the official partnership live. []{#section2.anchor}**2. Targets of the protocol of cooperation** 2.1 This protocol of cooperation targets adolescents and young individuals aged from 14 to 24 who must be permanent residents of the Republic of Cyprus (including residents of the Sovereign Base Areas) who have been arrested for the first time as a result of using and/or possessing illicit substances. The programme aims at early intervention/treatment provided by Government and Semi - Government Treatment Centres with the aim of rehabilitation. []{#section3.anchor}**3. Method of Operation** 3.1 The protocol of cooperation shall operate in the framework of the criteria established in **Annex A** of this Standing Order which have been set out by the Cyprus Police and subsequently adopted by the SBA Police: - The person has been arrested for the first time in connection with a drugs case. - The seized quantity of drugs is such as to be solely intended for his/her own personal use. - The person is criminally responsible, and he/she is aged up to 24. - At the time of investigation or arrest, immediately before or immediately after, the person has not committed any offence in breach of section 244 of the Criminal Code or at the time of his/her apprehension or arrest by the Police his/her behaviour has not incited others to committing any criminal offences: - Provided that the person attends and completes a treatment programme in one of the Government or Semi Government Treatment Centres (**referred at Annex B)** and receives a relevant certification within two years from his/her inclusion in the treatment programme. Upon successful completion of the programme the case which they had been arrested for shall be filed as **"Otherwise disposed of",** on condition such a course has the consent of the respective Attorney General. - This protocol **does not exclude** cases where individuals do not fulfil the criteria of Annex A, provided that their referral shall not compromise ongoing proceedings in the event of any criminal drug case pending against them. Forms relating to such cases are attached as **Annexes G, H and I.** []{#section4.anchor}**4. Referral procedure via the Drug Law Enforcement Unit (D.L.E.U)** 4.1 This is the related referral procedure laid down and to be followed by the SBA police: - A person aged between 14 and 24 is identified and arrested by the Sovereign Base Areas (SBA) Police Service, as a consequence of possession and/or use of illicit substances. - During the investigation of the case, the suspect is interviewed for the offence he/she was arrested. Provided he/she fulfils the criteria specified in **Annex A** then he/she is then to be referred to the D.L.E.U Prevention Office (Cypol) by completing the relevant form in **Annex C2.** - In such a case, within 15 working days from the date of arrest and provided the arrested person responds to a meeting, he/she shall be briefed orally by the Cyprus Police -- Social Intervention Officer about the various government treatment centres under the Mental Health Services and non-government treatment centres under the Rehabilitation Authorities Cyprus about the possibilities of mitigating the legal consequences that may arise, on condition he/she successfully completes a treatment programme provided by the above-mentioned centres. - The Social Intervention Officer shall hand to the arrested person the following documents: - Information leaflet issued by the Anti-Drugs Council regarding the available Government and Non-Government Treatment Centres - A special information document regarding the referral centre. - The arrested young person is informed by the Police-Social Intervention Officer that he/she has to contact the referral treatment centre by telephone within 15 working days from the day of his/her referral. - In the case of an individual under the age of 18, the procedure shall be carried out in the presence of his/her parent or guardian. - The D.L.E.U. shall upon his/her written consent send the referral form in connection with the arrested persons details to the respective treatment centre **(Annex C1).** - Within a period of 2 months from the contact date, the respective treatment centre shall send a feedback form to the D.L.E.U. Prevention Office informing the D.L.E.U. about the first meeting or his/her referral to another Treatment Centre or about the fact that there has been no contact with the Treatment Centre **(Annex D)** - If a person is referred to another Treatment Centre, this Centre ought to follow the same procedure and inform the D.L.E.U. in accordance with the provisions of the Protocol. - If the person stops attending the treatment centre, he/she has been included in, the D.L.E.U. should be informed in writing within 2 months of the interruption date. - In the event of the D.L.E.U. or the SBA Police (via the D.L.E.U.) receiving a completed Certification of Completion of a Treatment Programme **(Annex E)** within 2 years, the case shall be filed as "Otherwise disposed of" provided that the respective Attorney General has granted his consent. - ***If the subject does not comply, the case shall be brought to justice.*** It is to be noted that D.L.E.U ought to debrief the SBA Police as regards the progress of the specific referral procedures and forward appropriate documentation. []{#section5.anchor}**5. Certification of Completion of a Treatment Programme** **5.1** The Certification of Completion should mention the completion of the participation of an individual in a treatment programme. - The Certification of Completion shall include only the data which appears in **Annex E**. - The original Certification of Completion should be forwarded by the Treatment Centre to the D.L.E.U, to be entered in the criminal records file. - []{#section6.anchor}**6. Personal Data Protection** **6.1** All bodies involved in this protocol of cooperation have an obligation to collect and []{#section7.anchor}**7. Responsibilities and Coordination** 1. An Ad hoc Committee shall be established under the coordination of the Cyprus Anti- Drugs Council for the application of this protocol of cooperation, constituted by representatives of the agencies involved. 2. The committee shall monitor the coordination and assessment of the work carried out. All the Services and individuals involved in this project shall make a commitment for its smooth operation, exchange of information and resolution of any potential problems that may arise in the context of this cooperation. []{#section8.anchor}**8. Conclusion** 8.1 The Protocol of Cooperation for the referral of young offenders to the Mental Health Services Treatment Centres targets those between the ages of 14 and 24 who have been arrested for the first time, for a consequence of the use of and/or possession of illegal substances. However, it also encapsulates referrals of other persons not fulfilling the criteria set in Annex A should they so wish, provided that their referral shall not compromise legal proceedings in the event of any criminal drug case pending against them. 8.2 Despite the limited number of potential related cases within the SBAs, it is a worthy initiative which aims in the main to divert first time offenders in relation to the possession and use of prohibited substances and offer help and support. There are a number of benefits to be gained from this scheme for the individual offender, his/her immediate family and the society at large which outweigh any potential costs. Equally, the SBA Police is seen to fully co-operate with other ROC related agencies in a project which originates in the ROC and which provides equal opportunities and treatment for all people living, working or passing through the SBAs. 8.3 All staff should therefore endeavour to fully comply with the protocol agreed between the related agencies as per guidelines provided in this standing order thus promoting the good cooperation between the SBAP and our key stakeholders as well as enhancing the image and reputation of the SBA Police. []{#AnnexA.anchor}Annex A **TLE OF** **Criteria for the application of the protocol of cooperation** - The person has been arrested for the first time in connection with a drug case. - The seized quantity of drugs is such as to be solely intended for his/her own personal use. - The person is criminally responsible, and he/she is aged up to 24. - At the time of investigation or arrest, immediately before or immediately after, the person has not committed any offence in breach of section 244 of the Criminal Code or at the time of his/her apprehension or arrest by the Police his/her behaviour has not incited others to committing any criminal offences. - Provided that the person will attend and complete a treatment programme in Appropriate information leaflets, regarding the government and non-government treatment centres, can be found with the Drugs Law Enforcement Unit HQ Nicosia: Below are the names and districts of the government and non-government treatment centres which cover age groups as mentioned below: **Nicosia District** Ages 14-21 ("Perseas") - Government Treatment Centre Ages 22-24 ( " Kentro Polablis Parembasis")- Government Treatment Centre Ages 18 -24 ("Apofasizo") -- Non- Government Treatment Centres **Limassol District** Ages 14-21 (Promitheus") - Government Treatment Centre Ages 22-24("Anakampsis") Treatment Centre - Government Treatment Centre Ages 18 -24 ("Apofasizo") -- Non-Government Treatment Centres **Larnaca District** Ages 22-24 ("Apofasizo") -- Non-Government Treatment Centres **Paphos District** Ages 18 -24 ("Tolmi") -- Non-Government Treatment Centres **Paralimni District** Ages 18-24 ("Achilleas -- Kenthea") - Non-Government Treatment Centres ***[Confidential]*** **[FORM FOR THE REFERRAL OF YOUNG OFFENDERS WHO FULFILL THE CRITERIA]** **[TO A TREATMENT CENTRE IN ACCORDANCE WITH THE PROTOCOL OF COOPERATION ]** **[The form is to be filed in by the D.L.E.U and forwarded to the relevant Treatment Centre ]** **Full Name:** --------------------------- -- **Identity Card Number:** **Date of Birth:** **Address:** **Contact Number:** **Email:** **Relationship:** **Date of Arrest:** **Date of contact:** 1. **[Conditions of contact with the arrested individual]** -- -- 2. [ **Cooperation with parents/ guardians/ others**] -- -- 3. **[General observations -- Comments]** -- -- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ DLEU Social Intervention Officer Contact telephone number **Date drafted: \-\-\-\-\-\--/\-\-\-\-\-\--/\-\-\-\-\-\-\-- Referral Agency:..............................** The content of this letter is governed by the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Law 2018 on Providing for the Protection of Natural Persons with Regard to the Processing of Personal Data and for the Free Movement of Such Data. To: Drugs Law Enforcement Unit Nicosia Tel: 22607358/9 Fax: 22607356 [***Confidential*** -- Forwarded to Cyprus Police Drugs Law Enforcement Unit for consideration for referral to the treatment centres ] ***[REFERRAL FORM FROM SBA POLICE]*** 1. **[Personal Data]** Name and Surname: ------------------- -- ID Card: Date of Birth: Contact number: Occupation: Date of arrest: Date of contact: In case of underage person (under 18) details of parents or guardians: Name/Surname of parent/guardian: ---------------------------------- -- Address: Contact Number: 2. **[Brief Circumstances of incident]** -- -- 3. **[Compliance with Protocol criteria]** All criteria stated in the protocol of cooperation have been checked and the suspect complies with them 4. **[General Remarks -- Comments]** -- -- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-- Signature Signature Investigating Officer SBA Police Co-ordinator Contact Number The content of this letter is governed by the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Law 2018 on Providing for the Protection of Natural Persons with Regard to the Processing of Personal Data and for the Free Movement of Such Data. ***[Confidential]*** **[FEEDBACK FORM FOLLOWING THE REFERRAL OF YOUNG OFFENDER TO A TREATMENT CENTRE IN ACCORDANCE WITH THE PROTOCOL OF COOPERATION FOR YOUNG OFFENDERS WHO FULFILL THE CRITERIA]** **[The form is to be filed in by the Treatment Centre and forwarded to the D.L.E.U ]** Name and Surname: ----------------------- -- Date of Birth: Identity Card Number: Date of referral: - Acceptance and commitment to join a program at the Treatment Centre.................................. on........./.........../............ - Referral to the Treatment Centre................................................................... on......../........../........ - No communication with the Treatment Centre............................................................................... **General Observations - Comments** -- -- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-- Date Signature of the Scientific Coordinator of the Centre The content of this letter is governed by the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Law 2018 on Providing for the Protection of Natural Persons with Regard to the Processing of Personal Data and for the Free Movement of Such Data. **CERTIFICATION OF COMPLETION** **OF A TREATMENT PROGRAMME FOR YOUNG OFFENDERS WHO FULFILL THE CRITERIA IN ACCORDANCE WITH THE PROTOCOL OF COOPERATION** **[The form is to be filed in by the Treatment Centre and forwarded to the D.L.E.U ]** It is hereby certified that Mr/Mrs........................................................................................., born on............................................................ with ID Card number \...................................................... - Has completed the Program................................................................................................ at the Treatment Centre............................................................\... from......../........./.......... to.........../............/............ - Has not completed the Program at the Treatment Centre............................................... **Genera Observations -- Comments** -- -- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date Scientific Coordinator of the Treatment Centre The content of this letter is governed by the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Law 2018 on Providing for the Protection of Natural Persons with Regard to the Processing of Personal Data and for the Free Movement of Such Data. ***Confidential*** **[FORM FOR THE REFERRAL OF YOUNG OFFENDERS WHO DO NOT FULFILL THE CRITERIA TO A TREATMENT CENTRE IN ACCORDANCE WITH THE PROTOCOL OF COOPERATION]** **[The form is to be filed in by the D.L.E.U and forwarded to the relevant Treatment Centre ]** **Full Name:** --------------------------- -- **Identity Card Number:** **Date of Birth:** **Address:** **Contact Number:** **Email:** **Relationship:** **Date of Arrest:** **Date of contact:** 1. **[Conditions of contact with the arrested individual]** -- -- 2. [ **Cooperation with parents/ guardians/ others**] -- -- 3. **[General observations -- Comments]** -- -- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ DLEU Social Intervention Officer Contact telephone number **Date drafted: \-\-\-\-\-\--/\-\-\-\-\-\--/\-\-\-\-\-\-\-- Referral Agency:..............................** The content of this letter is governed by the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (General Data Protection Regulation) and the law 2018 on Providing for the Protection of Natural Persons with Regard to the processing of Personal Data and for the Free Movement of Such Data. ***[Confidential]*** **[FEEDBACK FORM FOLLOWING THE REFERRAL OF YOUNG OFFENDER TO A TREATMENT CENTRE IN ACCORDANCE WITH THE PROTOCOL OF COOPERATION FOR YOUNG OFFENDERS WHO DO NOT FULFILL THE CRITERIA]** **[The form is to be filed in by the relevant Treatment Centre and forwarded to the D.L.E.U ]** Name and Surname: ----------------------- -- Date of Birth: Identity Card Number: Date of referral: - Acceptance and commitment to join a program at the Treatment Centre.................................. on........./.........../............ - Referral to the Treatment Centre................................................................... on......../........../........ - No communication with the Treatment Centre.............................................................................. **General Observations - Comments** -- -- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-- Date Signature of the Scientific Coordinator of the Centre The content of this letter is governed by the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (General Data Protection Regulation) and the law 2018 on Providing for the Protection of Natural Persons with Regard to the processing of Personal Data and for the Free Movement of Such Data **[Confidential]** **[The form is to be filed in by the relevant Treatment Centre and forwarded to the D.L.E.U ]** Name and Surname: ----------------------- -- Date of Birth: Identity Card Number: Date of Referral: - Continues the Program at the Therapeutic Centre.................................................. - He is abroad to study - Other............................................................................................................................... General Observations -- Comments -- -- \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date Signature of the Scientific Coordinator of the Centre The content of this letter is governed by the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Law 2018 on Providing for the Protection of Natural Persons with Regard to the Processing of Personal Data and for the Free Movement of Such Data. **[Confidential]** **CERTIFICATION OF COMPLETION OF A TREATMENT PROGRAMME FOR YOUNG OFFENDERS WHO DO NOT FULFILL THE CRITERIA IN ACCORDANCE WITH THE PROTOCOL OF COOPERATION** **[The form is to be filed in by the relevant Treatment Centre and forwarded to the D.L.E.U ]** It is hereby certified that Mr/Mrs........................................................................................., born on............................................................ with ID Card number \...................................................... - Has completed the Program................................................................................................ at the Treatment Centre............................................................\... from......../........./.......... to.........../............/............ - Has not completed the Program at the Treatment Centre............................................... **Genera Observations -- Comments** -- -- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date Scientific Coordinator of the Treatment Centre The content of this letter is governed by the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (General Data Protection Regulation) and the law 2018 on Providing for the Protection of Natural Persons with Regard to the processing of Personal Data and for the Free Movement of Such Data.