Updated national guidance on diversion from prosecution published
Updated guidance on diversion from prosecution has been published providing enhanced clarity on decision‑making, inter‑agency roles and operational processes across Scotland’s justice system.
The revised guidance builds on earlier 2020 guidance and reflects developments in practice following the pandemic, as well as recommendations from the 2023 thematic review of diversion from prosecution.
Diversion from prosecution is a direct measure available to the Procurator Fiscal, used where there is a sufficiency of evidence but it is considered in the public interest to address the underlying causes of offending behaviour without proceeding immediately to prosecution.
Operational clarity for justice partners
The updated guidance provides greater consistency and transparency for prosecutors, police services, local authorities and third sector partners involved in the delivery of diversion.
Key elements include:
- clearer articulation of the respective roles of the Procurator Fiscal, Police Scotland and local authorities in the DfP process
- structured pathways for managing cases, including differing levels of oversight depending on individual complexity
- defined timescales for assessment, reporting and intervention
- reinforced expectation that diversion will be considered by Procurators Fiscal in all appropriate cases where an identifiable need may have contributed to offending
The guidance also sets out how decisions are made in line with the Prosecution Code, including the requirement for corroborated evidence and consideration of the public interest, as well as the role of victim impact in decision‑making.
Supporting proportionate and effective outcomes
DfP is intended to provide a proportionate response to alleged offending by addressing underlying needs—such as drugs or alcohol addiction, mental health issues or social factors—while maintaining accountability and public confidence.
Successful diversion can:
- reduce unnecessary progression into the criminal justice system
- support early and targeted intervention to prevent offending
- avoid the longer‑term consequences associated with conviction
Cases suitable for diversion assessment / intervention are wide‑ranging and may include lower‑level offending, breach of the peace, and offences linked to alcohol or drug use.
Participation remains voluntary for the accused person. Where the offer of diversion is not accepted by the person, where they are assessed as not suitable or the intervention is not successfully completed, the Procurator Fiscal retains the ability to take forward prosecution.
Strengthening consistency across Scotland
The updated guidance has been developed through partnership working involving the Crown Office and Procurator Fiscal Service, Police Scotland, local authority justice social work, Social Work Scotland, the Children and Young People’s Centre for Justice, and third sector organisations.
Keith Gardner, Head of Partnerships and National Engagement at Community Justice Scotland and author of the guidance, said:
“Diversion from prosecution is an important mechanism for responding proportionately to people who have alleged to have broken the law while addressing factors which may have contributed to their behaviour.
“These updated guidelines provide greater clarity for practitioners across the justice system on how and when diversion should be used, supporting more consistent and confident decision‑making.
“Evidence and feedback indicate that, in many cases, targeted early intervention through diversion is effective in reducing further contact with the justice system.”
The guidance is intended to support more consistent application of diversion across Scotland, ensuring it is used appropriately and effectively as part of a wider range of prosecutorial options.
- For further information contact: Maria Croce, senior communications manager, Community Justice Scotland on maria.croce@communityjustice.scot or 07990 965576.
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