Justice Social Work Statistics in Scotland: 2023-24 – Part 1

4 Diversion from prosecution

(Tables 1, 2 & 3)

Key statistics for 2023-24:

• The number of diversion from prosecution cases commenced rose by 28 per cent between 2022-23 and 2023-24 from 2,600 to 3,400. This is the highest level in the last ten years.
• Sixty-seven per cent of cases commenced were for men.
• People aged over 40 accounted for 27 per cent of cases.
• Of those known, just over half were reported as being unemployed.

Diversion from prosecution is a process by which prosecutors can refer a case to a local authority or other identified agency as a means of addressing the underlying causes of offending.

The relevant prosecution policy of the Lord Advocate for adults is that diversion should be considered for all individuals where there is an identifiable need that has contributed to their alleged offending behaviour, and which is best met through support, treatment or other action. Where the individual is under 18 years of age, and not open to being referred to the Children’s Reporter, there is a presumption that an alternative to prosecution will be in the public interest. Diversion is actively considered where there is an identifiable need. In diversion cases, a Procurator Fiscal may decide to waive prosecution at the outset or to defer a decision on prosecution pending the successful completion of the diversion.

During 2023-24, there were 6,200 referrals made to local authorities and 5,600 assessments. Fifty-nine per cent of the assessments (3,300) progressed to cases commenced.

The number of cases successfully completed in 2023-24 was 2,300. This was 19 per cent higher than in 2022-23, when it was 2,000. The number in 2023-24 was the highest level in the last ten years. There were 120 cases commenced which were subject to extended periods of diversion in 2023-24.

Between 2022-23 and 2023-24, the number of cases commenced rose for all age groups. The highest rise, of 44 per cent, was for those aged between 21 and 25.

Young people were by far the most likely people to get diversion from prosecution, as a proportion of the overall Scottish population. Those aged 16-17 accounted for 25 per cent of people getting diversion from prosecution in 2023-24 but this age group is only three per cent of the Scottish population aged 16 to 70. Similarly, 18-20 years olds accounted for 15 per cent of diversion cases in 2023-24 but only five per cent of the population aged 16 to 70.