Behind the Bench in Canberra's Therapeutic Court System
In the brightly coloured chambers of the ACT Supreme Court, Justice Verity McWilliam sips tea while reflecting on what she describes as the "rollercoaster" experience of overseeing the territory's drug and alcohol sentencing list. "The nature of addiction is a vicious, vicious thing," the judge remarks, her words carrying the weight of months immersed in this specialised judicial role.
A Different Kind of Justice
Describing herself as nearing a "judicial mum," Justice McWilliam has found her calling in a court process that diverges significantly from traditional sentencing approaches. The drug and alcohol treatment order represents a therapeutic alternative for offenders whose crimes stem directly from substance addiction, replacing incarceration with rigorous rehabilitation programs.
"I don't think this role would suit every judicial officer," she admits, approximately six months into her position. "I can't tell you what it is about me. I just feel that I have a skill set that suits this list."
This work has fundamentally altered her perspective on judicial impact. "It made me appreciate the deep impact that a judge can have on someone's life," she reveals, while emphasising that her commitment to impartiality remains unchanged. The delicate balance involves becoming "a cheerleader on the sidelines" while maintaining judicial objectivity. "It's a fine line to walk," Justice McWilliam acknowledges.
Courtroom Connections and Personal Transformations
The informal atmosphere of courtroom two contrasts sharply with traditional court proceedings. Participants speak directly to the judge, who addresses them by their first names and remembers details from previous discussions. This approach has fostered remarkable rapport between the bench and those undergoing treatment.
During a routine check-in, Dean shares a poignant moment of transformation. The recovering addict describes spending seven hours at a public pool with his five-year-old son during a recent heatwave. "I got home and my face was so dry and sore from swimming," he tells Justice McWilliam. "[My son] can kinda swim now, on the first day he was kinda just sinking down the bottom."
For Dean, this ordinary summer activity represents extraordinary progress. His treatment order follows convictions for armed robbery and driving a stolen car - crimes committed to fund methamphetamine and heroin addiction. Now on track to graduate from the program later this year, Dean says the experience has "opened my eyes up."
The Rigorous Path to Rehabilitation
The treatment program demands significant commitment from participants, beginning with weekly reviews, drug tests every other day, caseworker support, rehabilitation programs, and various other assistance mechanisms. Justice McWilliam believes this path proves more challenging than traditional incarceration. "Here they are working for their freedom," she explains. "They have to expose vulnerability in a world where, perhaps, for their whole life they've had to be the tough guy."
Non-compliance can result in cancelled treatment orders and return to jail, while successful completion leads to good behaviour orders. A 2022 Australian National University study found this approach effectively pays for itself, saving taxpayer money that would otherwise fund incarceration.
Navigating Setbacks and Celebrating Progress
The journey rarely follows a straight line, as demonstrated during January check-ins following the Christmas period. Henry, participating from residential rehab via video link, admits to "a bit of a hiccup the other weekend" involving illicit drug use. Justice McWilliam responds without shock, recognising that backward steps form part of the recovery process.
"It's hard [Henry], you are investing in your health but no one is pretending it is easy," she tells him. When Henry explains feeling "overwhelmed and stressed," with his mind stuck on drugs, the judge offers encouragement while reminding him of what's at stake - including maintaining contact with his newly born baby.
Other participants faced similar challenges during the festive season. Jack returned to custody after using methamphetamine when "rattled" from visiting family. Justice McWilliam reframes even small victories, noting that staying clean for a week still represents "a win."
Addressing Profound Disadvantage
Many participants arrive at court carrying significant burdens of trauma and deprivation. Justice McWilliam recognises these backgrounds while acknowledging the victims affected by offenders' crimes. "You've never had a chance in life. You've been up against it since birth," she tells one man now back behind bars.
Sam's story illustrates this cycle of disadvantage. Born in jail while his mother was addicted to heroin, he began using cannabis at age ten before progressing to methamphetamine. Despite returning to custody after being removed from rehab, Sam appears in court smiling. "I got my teeth done," he announces proudly, explaining that he caught Ubers to dental appointments before returning to jail at significant personal expense.
"I felt better spending money on that than on drugs," Sam tells Justice McWilliam. "I can eat properly, I look better, I'm healthier."
The Human Impact of Therapeutic Justice
Justice McWilliam recalls moments that validate this alternative approach. One man, for the first time, didn't need to steal food after the court connected him with a local charity. "That's the thing that makes you go 'oh, we've done it'," the judge reflects. "And even if we get just one, that's one person less in jail."
Another participant nearly faced removal from rehabilitation because he could only afford thongs rather than required closed-toe shoes. Support services intervened, providing appropriate footwear and keeping him in the program.
"Building rapport takes time and investment, there is no shortcut, and it's not just me building rapport, it is the whole treatment team," Justice McWilliam emphasises. Her approach recognises that "the term justice means many things, not just punishment."
For those whose lives have followed "a very socially disadvantaged trajectory," the treatment order sometimes represents "the first time that they've heard a kind word, or they've had to really be honest with themselves and be honest with someone else."
As Justice McWilliam continues her work in what she describes as an "absolute rollercoaster" of a role, she finds meaning in both the challenges and triumphs. "There are some very special days," she says, particularly when participants graduate. "When they graduate and it's almost like one of your family members is graduating."
