Steep rise in justice cases diverted away from courts

Cases where accused people have been diverted from prosecution have shot up in Scotland, rising by 28% in a year.

The number of diversion from prosecution cases is now at its highest level since recording began at 3,354 in the year to the end of March 2024.

Diversion from prosecution refers to one of several alternatives to court proceedings which can be used by prosecutors.

Rather than going to court, accused people can be referred to justice social work departments for support or treatment in order to prevent reoffending.

Prosecutors must consider if there is an identifiable need which contributed to the accused person’s behaviour and whether diversion from prosecution would be in the public interest.

The latest justice social work statistics from the Scottish Government show a marked increase from the 2022/23 year, when cases stood at around 2,600.

Just over half of all people who made up these cases were unemployed.

Young people were more likely to receive diversion from prosecution cases, with males making up 67% of cases.

Meanwhile, bail supervision cases and structured deferred sentences have also risen to the highest levels on record.

The Scottish Conservatives said the public have not been informed of changes in the way justice is being delivered in Scotland.

Justice spokesman Russell Findlay said: “These shocking figures reveal that record numbers of crime victims are being failed by the SNP’s deliberate weakening of Scotland’s justice system.

“Police officers despair as criminals are increasingly likely to receive a slap on the wrist rather than be put in the dock.

“This subversion of justice has been implemented by stealth, with victims and the public being kept in the dark.”

A Government review in 2023 found support for diversions from prosecution among the agencies involved, but awareness of guidelines varied across Scotland.

A Scottish Government spokesman said: “Decisions relating to prosecution policy, including diversions from prosecution, are a matter for the Lord Advocate as independent prosecutor.

“The budget for 2024-25 included an additional £14 million in support for community justice services, building on previous budget increases and bringing the total investment to £148 million.

“This funding supports the wider availability of bail supervision and structured deferred sentences, ensuring there are robust alternatives to remand and other services available in the community, recognising the key role such services play in reducing reoffending and keeping communities safe.”