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Diversion from prosecution

Not all people who commit offences are dealt with by the Courts; some go through a process known as Diversion from Prosecution. This allows the Procurator Fiscal to defer taking the matter to Court whilst Social Work investigate the situation and where appropriate provide services as an alternative.

Diversion may be considered in cases involving young or first offenders, for minor offences or where there is no overwhelming public interest for a prosecution.

The report would be prepared by a Social Worker. They would meet with the person one or more times and prepare the Diversion Report. The report includes:

  • The offence
  • The reasons it happened
  • Any difficulties the accused may have
  • What services might be of assistance to prevent re-offending

The Justice Team might work with the person for a short time or refer them to another agency.