Diversion from Prosecution Scheme
The Diversion from Prosecution Scheme involves joint working between the Procurator Fiscal and the Justice Service. Support is offered to individuals who are considered to be at very low risk of offending, or whose offences are apparently not part of a regular pattern of behaviour.
When the Procurator Fiscal 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 Procurator Fiscal
- Use of Diversion from Prosecution
- Use of other Procurator Fiscal measures (e.g. Fiscal Fine (opens new window))
- Prosecution of the case in court
If the Procurator Fiscal considers that there may have been particular problems that contributed to the offence being committed, they may make a referral to the Justice Service for a Diversion from Prosecution assessment. The Justice worker will arrange to meet with the person, and will complete the assessment, which will identify issues and ways of dealing with these. Following a report to the Procurator Fiscal, a formal offer of Diversion may be made by the Procurator Fiscal. If the person engages with Diversion, the case will not normally go to court.
Support with specific areas of difficulty may be provided by the Justice Service or by another organisation (for example, a counselling agency).