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  4. Review report commends Scots diversion from prosecution

Review report commends Scots diversion from prosecution

21st February 2023 | criminal law | Criminal legal aid

Diversion from prosecution in Scotland is working well, is developing in the right direction and has potential for growth, according to the report of a joint review, published today. 

Carried out jointly by HM Inspectorate of Prosecution in Scotland, HM Inspectorate of Constabulary in Scotland, the Care Inspectorate and HM Inspectorate of Prisons for Scotland, the review looked at how the practice of diversion worked from a policing, prosecution and justice social work perspective and explored barriers to its more effective use. Identifying a number of areas for improvement, it makes 34 recommendations for the agencies involved in diversion and the Scottish Government. 

It finds that diversion, designed to address the underlying causes of offending behaviour, is well established as an effective intervention for those aged under 18, but that more could be done to promote confidence in its use for adults. Greater awareness install also needed both of diversion generally and of the national guidelines, which the report regards as a “significant milestone”.

The recommendations relate to training, raising awareness, consistency and delays in processes, variations in practice across the country and access to services. 

People diverted from prosecution who were consulted as part of the review were overwhelmingly positive about the experience, saying it helped them to make meaningful changes in their lives. In a sample of cases reviewed, 90% of people who commenced diversion successfully completed it. 

However community justice partnerships were not always able to demonstrate either the impact of diversion or that intended outcomes had been achieved. There are significant variations between local authorities in, for example, the rates at which diversion referrals are converted to cases commenced and at which cases commenced are successfully completed.

Laura Paton, HM Chief Inspector of Prosecution, commented: “The recommendations we made are intended to support the diversion partner agencies to continue to plan and deliver diversion services more effectively, manage diversion efficiently across agencies, and to maximise diversion while maintaining confidence in its use as an appropriate response to offending behaviour. 

“In recent times there has been greater focus on community justice and early intervention to address the underlying causes of offending. This is to be welcomed, along with plans to further optimise the use of diversion. 

“By its very nature, diversion from prosecution is focused on the accused person and among the improvements we would like to see is better communication with complainers.” 

Underlying causes of offending can include issues such as mental health or substance use difficulties, and diversion from prosecution offers an opportunity for the swift delivery of support tailored to the individual’s needs. 

Ms Paton added: “There have been commendable efforts from a range of agencies at national and local level to encourage greater use of diversion, to work in partnership and to deliver effective interventions. It is crucial the processes for managing diversion across agencies are as effective and efficient as possible. 

“While it is a voluntary process, we believe more can be done to encourage people to take up an offer of diversion. Increased take-up will inevitably put further demands on services and this needs to be addressed.” 

Welcoming the report, Lord Advocate Dorothy Bain KC said: “There is a human cost to all crime and successful diversion in appropriate cases benefits the accused person and the wider community by breaking a cycle of harm.

“I welcome the finding that practice is moving in the right direction, with an increasing number of accused persons given the opportunity to address issues that led to their offending.”

Read the report here.

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