What diversion from prosecution is
In some cases, the Procurator Fiscal may decide to divert a case for social work intervention.
This is when a person is referred to our justice social work service to address the causes of their offending behaviour instead of a criminal prosecution being pursued.
Diversion may be considered in cases involving young people or first offenders for minor offences, or where it is decided by the Procurator Fiscal that it is not in the public interest for a prosecution.
Its aim is to prevent people entering the justice system unnecessarily and to prevent further offending.
What happens if diversion from prosecution is granted
If you’re considered suitable for diversion, our justice social work service can work with you for up to 3 months to focus on any personal circumstances or any other issues which may be leading you to offend.
During this time, the Procurator Fiscal will defer a decision on prosecution while they wait for the outcome of this intervention.
The service completes an assessment report if you have been referred for diversion.
Once complete, our service shares a report with the Procurator Fiscal commenting on the work you have done and the commitment you have showed.
If the actions you have taken are likely to prevent or reduce future offending, the Procurator Fiscal will usually divert you from prosecution for the alleged offence.
If the service report believes you have not made satisfactory progress, the Procurator Fiscal may decide to progress with prosecution.
More information
If you want to find out more or discuss what services are available to you, contact our justice social work service by: