Diversion from Prosecution
In Scotland the decision of whether or not to prosecute an individual for a criminal offence rests with the Procurator Fiscal Service. There are often case when a minor offence has been committed, where it could technically be prosecuted, but where the Fiscal may consider that there is "no overriding public interest" in taking the case to court. In such cases the Fiscal has the option of making a Diversion from Prosecution to the local Criminal Justice Social Work Service.
This diversion process is aimed at avoiding drawing minor offenders into the full criminal justice and court system. It is intended that the diversionary measures with which the accused have to comply will assist them in identifying and addressing the causes of their offending behaviour. It should be noted that in cases where the accused fails to comply with the agreed terms of the diversion the Fiscal retains the option of taking the case to court.
Currently the key priority areas for Diversion are:
- Alcohol and drugs misusing accused
- Those with mental health or learning difficulties
- Young people aged 16-17 years
During the reporting period 2007-08 a total of 956 Diversion from Prosecution cases were commenced. Full statistical information can be found in the Criminal Justice Social Work Statistics Bulletin 2007-08 published in December 2008.