Diversion from prosecution is a scheme that aims to remove those who have committed relatively minor offences from the court process. This scheme tries, instead, to meet their needs through the community services already available rather than prosecuting them. This scheme therefore also helps to reduce the risk of further offending.
The groups we are required by the Scottish Executive to target with this scheme are:
-
young offenders
-
women offenders
-
offenders with mental health needs
-
problem drug and alcohol users
Alleged offenders, if eligible, are offered access to this scheme through being referred by the Procurator Fiscal but if they choose not to accept, or fail to co-operate, the Fiscal can decide to prosecute in the normal way.