Restorative justice: policy and practice framework
Guidance on the practice of restorative justice (RJ) in Scotland in relation to adults and children. It sets out minimum standards and expectations against which RJ practice can be benchmarked, monitored and evaluated to ensure consistent delivery in line with RJ principles.
9. Restorative justice and referral to the local authority as an alternative to prosecution
9.1 Where prosecutors consider offering a diversion as an alternative to prosecution, they may make a referral to the local authority, or other agreed agency, who will then assess the suitability of the individual. At this stage, the local authority or other agency may also consider whether to refer the individual to a locally available RJ service. RJ would then only take place voluntarily and independently from the diversion from prosecution process. The outcome of any RJ process should only feature within a diversion from prosecution report if all parties to the RJ consent to making the local authority and COPFS aware of this and/or any outcomes from it.
9.2 Cases defined as ‘gender-based violence’ are excluded from referrals identified through diversion from prosecution. This is because of the person-harmed-led approach taken to the consideration of such cases for an RJ process.
Contact
Email: restorative.justice@gov.scot