Prosecution Diversion Scheme

 

The Prosecution Diversion Scheme involves joint working between the Procurator Fiscal (PF) and the Criminal Justice Social Work Service.

When the PF's office receives a Police Report in relation to an alleged offence, a decision has to be made about the action that should be taken. The normal options are:

  • Taking no action
  • The giving of a warning by the PF
  • Use of Prosecution Diversion
  • Prosecution of the case in court

If the PF considers that there may have been particular problems that contributed to the offence being committed, the case will be discussed with the Prosecution Diversion Social Worker. On average about a dozen cases a month are agreed as suitable, and the Social Worker will arrange to meet with these individuals and to discuss with them the circumstances of their offending.

If it appears that there are problems that would be helped by outside assistance, this may be provided by the Prosecution Diversion Social Worker, or by another organisation (for example, a  counselling agency).

Contact with the Prosecution Diversion Social Worker may be a single contact or for several months.

In due course, the Social Worker will provide a written report on progress to the PF, who will then decide whether to take no further action or whether the case should go to court.

While a person can be referred for Prosecution Diversion on more than one occasion, this is unusual, and further offending is likely to result in prosecution.