Critically discuss the law relating to the rehabilitation an

Critically discuss the law relating to the rehabilitation and treatment of drug offenders in Malaysia. Compare them with the law in Australia

GLUP 2064 CRIMINAL LAW & PROCEDURE II

Type of rehabilitation and treatment programs

Abstract and Introduction

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-The drug crisis has reached a global proportion and the crisis remains the leading cause to disease and death around the world.

-The purpose of this paper is to critically discuss the law relating to rehabilitation and treatment of drug offenders in Malaysia and the paper also will compared them with Australia.

1. Detection and detoxification.

2. Rehabilitation in an institution.

3. Aftercare supervision for a period of between one to two years.

Drug Dependants (Treatment and Rehabilitation) Act 1983

This Act were enacted to focused on the treatment and rehabilitation for the drug dependant as the Dangerous Drug Act 1952.

A regimented, tough & rugged was changed to a more humanistic approach to the concept of recreational programs, more effective and easy to apply (fun, effective & easy to implement).

Background of Study

-Section 2 of the Drug Dependants (Treatment and Rehabilitation) Act 1983

rehabilitation centre = an institution established under Section 10 of the act. Section 10 of the Drug Dependants (Treatment and Rehabilitation) Act 1983 provided that the Minister may, by notification in the Gazette, establish Rehabilitation Centres for the residence, treatment and rehabilitation of drug dependants ordered or admitted to reside therein under this Act.

-In Malaysia. the Committees of National Anti-Drugs agency has been established as an authorize body to control and managed all issue pertaining drugs abuse especially in terms of prevention together with treatment. This also includes the treatment and rehabilitation centre for the drug offender.

-The law relating to rehabilitation centre and treatment in Malaysia was governed by Drug Dependants (Treatment and Rehabilitation) Act 1983 and Dangerous Drugs Act 1952 .

Maintenance on Drug Prescription & Harm Reduction

Medications used for Treatment in Malaysia (Pharmacotherapy)

Background of Study

In this present paper, it would be highlighted rehabilitation and treatment of drug offenders is in New South Wales and for Malaysian law the paper will look over the whole and wide perspective of the country

1. Naltrexone

Through Navaratnam (1994), controlled clinical evaluation of the safety, tolerance and efficacy of naltrexone among opiate addicts were carry out. Phase III of the nationwide naltrexone study carried out in 1998 among 2029 subjects using a double-blind study design showed that subjects who had high compliance towards medication and counseling had the best result. However, subjects on naltrexone only showed slightly better results than the control group.

2. Buprenorphine mono-tablet

The prescription for large quantities of buprenorphine by physicians for unsupervised use from the beginning of treatment and leading to problems of poor medication compliance and diversion. Patients are also not provided with drug counseling or any other psychosocial services. .The government has now limiting the availability of the mono-tablet at the end of 2006.Currently, buprenorphine naloxone tablet has been introduced.

Rehabilitation and treatment of drug offenders in Malaysia

3. Methadone

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-In the beginning of 1970s, there are no specific centers for the purpose of rehabilitation of the drug offenders and the only available treatment facilities were associated with psychiatric and general hospitals.

-Later in 1975, compulsory treatment and rehabilitation of drug dependants at approved institution were introduced through Section 37B of the Dangerous Drugs Act 1952.

-Coordinated by the National Narcotic Agency (Agensi Dadah Kebangsaan

One Stop Treatment and Rehabilitation Centres

The use of methadone was limited in Malaysia because it against the total abstinence philosophy and also was thought to compromise the nation’s goal of becoming drug-free society. The HIV epidemic among drug users also certainly pushed the re-registration of methadone in the country in 2003.

In an initial pilot among 46 subjects, 30 subjects managed to gain employment and work performance improved. Until late 2005, the large scale used of methadone being limited due to the high cost.

Lim Kui Hin v Public Prosecutor

• ordering the appellant to undergo treatment and rehabilitation for two years and thereafter to undergo supervision by Agensi Anti-Dadah Kebangsaan for a further period of two years.The Court is in agreement that it is insufficient for the purpose of deciding whether a person is a drug dependant and there is not necessity to state what test or steps have been taken to certify that the person is a drug dependant. As such, the court see no merit in the Appellant’s contention that the learned Magistrate find out from the doctor as to what tests he had done to certify that the Appellant was a drug dependant.

-With these centres, a suspected or certified drug dependant could undergo examination, detection, detoxification and counselling

The residents undergo four phases of treatment and rehabilitation.

In phase one (three to five month period) = a resident undergoes orientation (civic classes), physical restoration (drills), counselling, moral and spiritual rehabilitation. Physical training, religious, moral and civic education, and counselling hours are reduced as a resident proceeds to the next phase. At the same time, vocational training and or socio-economic project are greatly increased as a resident proceeds from phase to phase.

In phase two (four to seven months) = in addition to his daily routine as above, a resident participates in vocational training.

In phase three (four to seven months) = a resident is given job attachments.

In phase four (four to five months) = a resident is allowed to visit his family, involved in socio-economic projects, and re-entry programme. The Medical Officer is responsible for overseeing medical welfare, including the medical treatment of the residents.