Diversion from Prosecution
Diversion from Prosecution
Overview
Diversion from Prosecution is a scheme used by the Procurator Fiscal that offers an alternative to court prosecution for people who have been charged with an offence.
Instead of going to court, the Procurator Fiscal may refer someone to justice social work and other support services if it is considered appropriate and in the public interest.
The aim of diversion is to
- provide a constructive way of addressing issues linked to offending
- offer early support and intervention
- help prevent reoffending
- avoid the negative consequences of prosecution where possible
Diversion typically lasts up to three months, or longer if agreed and appropriate.
Successful completion of the diversion period usually results in a recommendation to the Procurator Fiscal that the person is not prosecuted. The final decision on whether to prosecute remains with the Procurator Fiscal.
Eligibility
Diversion is at the discretion of the Procurator Fiscal and depends on
- the nature of the offence
- personal circumstances
- risk of harm or public safety considerations
Diversion from prosecution may be considered for people who
- have been reported to the Procurator Fiscal for an offence
- are assessed as suitable for diversion based on circumstances and their behaviour
- agree to take part in the diversion process
Signposting
For further information and support around Diversion from Prosecution, you can access the community directory or the Community Interventions and Support Directory - Community Justice Scotland.
Service specifics
Diversion from Prosecution provides structured support to address the issues linked to alleged offending behaviour.
The service
- assesses suitability for diversion following referral from the Procurator Fiscal
- provides short-term, targeted intervention (usually up to three months) that matches the circumstances and needs of the individual
- delivers one-to-one support focused on behaviour change
- refers individuals to specialist services where needed (eg substance use, mental health, wellbeing support)
- Monitors engagement and progress
- Provides feedback to the Procurator Fiscal at the end of the diversion period
The aim is to reduce the likelihood of further offending and provide a constructive alternative to court prosecution where appropriate.
- Referral from Procurator Fiscal
- Under the Diversion from Prosecution scheme, the Procurator Fiscal can refer an accused person to the justice service instead of them appearing at court.
- Assessment meeting
- After receiving details from the Procurator Fiscal, a member of social work justice service staff will meet the individual and assess whether they are suitable for the scheme or not.
- Attending appointments
- If accepted on the scheme, offenders must attend appointments with staff from justice services. At the appointments, help is given to assist with the issues which may have contributed to offending.
- Agreement of plan
- If agreed, a diversion plan is put in place with clear actions.
- Completion
- Successful completion of the plan will lead to a recommendation to the Procurator Fiscal that the individual is not prosecuted. Most people who successfully complete their placements are not prosecuted. However, the decision around whether to prosecute can only be made by the Procurator Fiscal.