4. Diversion from prosecution

(Tables 1, 2, 3a, 3b)

Key statistics for 2025-26:

• The number of diversion from prosecution cases commenced fell by 5% between 2024-25 and 2025-26 from 3,594 to 3,425. This was the 2nd highest level in the last ten years.
• 69% of cases commenced were for men.
• Those aged 16 to 17 years old accounted for 30% of cases.
• Of those known, half were reported as being unemployed.

Diversion from prosecution allows prosecutors to refer cases to local authorities or agencies and seeks to address a range of issues or needs which have contributed to alleged offending behaviour at the earliest opportunity.

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 children 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 from prosecution cases commenced has generally been rising since 2017-18 but fell slightly in 2025-26.

Number of diversion from prosecution cases commenced, Scotland, 2016-17 to 2025-26

During 2025-26, there were 5,970 referrals made to local authorities and 5,380 assessments. Of the assessments, 67% (3,579) progressed to cases commenced.

The number of cases successfully completed in 2025-26 was 2,817. This was 9% lower than the previous year, when it was 3,085. The number of successfully completed cases in 2025-26 was the 2nd highest level in the last ten years. There were 193 cases commenced which were subject to extended periods of diversion in 2025-26.