Diverting Young People from Prosecution - Blog

By Ross Gibson, Practice Development Manager at CYCJ

Increasing numbers of people are being diverted away from the traditional judicial process in Scotland, with greater focus on providing supports through Diversion from Prosecution (DfP). Instead of an accused person appearing in court for trial, DfP mechanisms have been expanded across Scotland that now sees voluntary support being offered at a pre-trial stage with the potential for charges to be dropped if sufficient effort and progress has been made.

DfP offers an opportunity to respond to an allegation of crime swiftly, and has multiple benefits for all involved.  For the person who has been charged with a crime, they do not need to be subject to bail for extended periods of time whilst further investigations are undertaken and the COPFS decide how best to deal with the matter.  Perhaps most importantly, it means that they will get the help they need more quickly; they can take part in counselling, in educational supports, in offence-focussed interventions or address underlying issues that led them to get into trouble.  In short, it can address the risky issues present, avoid unnecessary delay and allows them the opportunity to start making steps towards living the sort of life that they want.  This is particularly important for people who have been charged with drugs-related offences, who could otherwise be waiting for over a year until – If convicted – they are first met by a social worker or drugs counsellor who could begin to support the reflection and introspection that may be required.  In that year (and sometimes more) so much can change; so many opportunities missed, so much time and energy has been spent awaiting the conclusion of a judicial process that can ultimately leave them in a worse situation than they were in to begin with.  Opportunities to identify criminal exploitation may be missed and the accused person may be sucked deeper into the trouble they are facing.

But DfP can be very different.  Following changes to the Lord Advocate’s directive to Fiscals, revised COPFS practice and the introduction of joint guidance for social work, police and other partners a new approach to diversion is taking place in Scotland.   It now means that more people are being considered for DfP and for a wider range of alleged offences. As a result, people are being offered the opportunity for support far sooner, avoiding the delay and distress that the court process entails.  Within a few weeks of the Fiscal receiving the police report, social work or their partners can be chapping the doors of those accused of a crime and engaging in discussion over what happened, what help they need, how to stop this from happening again and what caused the behaviour in question.   I believe – and research shows – that provision of help at this earlier and crucial stage can help people from escalating in their behaviours and divert them on to a better path.  This could mean receiving support before drug use becomes an addiction, and before more harm has been caused.  With Crimestoppers’s new Fearless campaign highlighting the harm caused by drugs, surely it is in everyone’s interests to respond quickly?

And it’s not just the accused person that benefits.   Importantly, the DfP process means that victims and witnesses need not go through the ordeal of providing evidence in court, or worry about the emotional distress that cross examination brings.  For victims it may also bring an opportunity to take part in Restorative Justice; a person-centred approach that is rarely available when things go to trial, and which seeks to provide the victim with an opportunity to express their views, explain how the offence affected them and to hear from the person who has caused harm.  Collectively, this can be a positive outcome for victims whose voice is otherwise excluded from the court process.

In a time when public spending is under huge pressure DfP also frees up court time, police resources and lawyer related expenses, allowing those practitioners to focus their time and energy on the more complex and concerning cases.  The cost benefit is not the primary reason for supporting DfP of course, but it is a welcome bonus.

Whilst DfP is not the best option for everyone it does go a long way towards delivering the swift, person-centred justice system that Scotland needs, and targets support and intervention at the earliest possible moment.   Long term, it’ll divert people away from the risks they pose to themselves and others, keeping everyone safer.

Learn more about the Fearless drugs campaign: Drugs | Crimestoppers (crimestoppers-uk.org)