4. Diversion from prosecution

(Tables 1, 2 & 3)

Key statistics for 2024-25:

• The number of diversion from prosecution cases commenced rose by seven per cent between 2023-24 and 2024-25 from 3,400 to 3,600. This is the highest level in the last ten years.
• Sixty-six per cent of cases commenced were for men.
• People aged over 40 accounted for 28 per cent of cases.
• Of those known, just over half were reported as being unemployed.

Diversion from prosecution allows prosecutors to refer cases to local authorities or agencies to address the causes of offending.

The Lord Advocate's prosecution policy for adults is to consider diversion for all individuals with identifiable needs contributing to their alleged offending, best met through support, treatment, or other action. For individuals under 18 not referred to the Children’s Reporter, there is a presumption that an alternative to prosecution is in the public interest. A Procurator Fiscal may waive prosecution at the outset or defer the decision pending successful completion of the diversion.

Chart 1: The number of diversion cases commenced has generally been rising since 2017-18.

Number of diversion from prosecution cases commenced, 2015-16 to 2024-25, Scotland

During 2024-25, there were 6,300 referrals made to local authorities and 5,900 assessments. Sixty-three per cent of the assessments (3,700) progressed to cases commenced.

The number of cases successfully completed in 2024-25 was 3,100. This was 28 per cent higher than in 2023-24, when it was 2,400. The number in 2024-25 was the highest level in the last ten years. There were 140 cases commenced which were subject to extended periods of diversion in 2024-25.

Between 2023-24 and 2024-25, the number of cases commenced rose for all age groups except those aged under 18. The highest rise, of 23 per cent, was for those aged between 26 and 30.

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 23 per cent of people getting diversion from prosecution in 2024-25 but this age group is only three per cent of the Scottish population aged 16 to 70. Similarly, 18-20 years olds accounted for 14 per cent of diversion cases in 2024-25 but only five per cent of the population aged 16 to 70.