Diversion from Prosecution: Scotland's New Initiative
| Author | Ray Myers |
| DOI | 10.1177/026455058703400109 |
| Published date | 01 March 1987 |
| Date | 01 March 1987 |
| Subject Matter | Articles |
Diversion from Prosecution:
Scotland’s New Initiative
Ray Myers
Social Worker, Edinburgh Diversion Scheme
How close co-operation with the Scottish Independent
Prosecutor, the Procurator Fiscal, can enhance the use of
discretion to steer even higher risk offenders away from
prosecution and towards services meeting individual need.
1
Th~ b~li~f that lt is possible to meet both public
experience and methods gives a fair indication of
and individual interests without the inevitability
the potential for adult diversion,
of prosecution for adult offenders received
Three essential conditions have to be met
considerable impetus koin the R@mmeDd£tiom
before an offence can be considered for
of the Stewart Report in 1983. ihis recom-
diversion:
mended that ’before cOUllI1ellCÍDšpro’Secuûon, a
1. Sufficient evidence to prosecute.
.
prosecutor should always consider whether an
2. An
intention to pjrosecute.
alternative
3. There
process would not be more appro-
would be a prosecU6onW&oEw w%s
not
~xiate3s and in particular advocated the
diverted.
use of
Social Work Diversion. Their proposals are still
This means that other, lesser means, ~~ ’No
being considered by the Scottish Office, but
proeeeding~’ or ~ v~~g~ ~~e been considered
a
number of schemes have already
and
begun formal
initially rejected as inappropriate. Secondly,
operation, depending
social work
effort is direøtêdto cases where there
on the enthusiasm and
quality nf working relationships between local
are both criminal justice and Personal need
Fiscals and Social Work
considerations
Departments. An
to be
met. Finally, it ensures mat
obvious strength
tbe scheme does not
to build
cause
on
has been the long-
people to be caught
standing independence of the Procurator Fiscal
unnecessarily in either a welfare or criminal
in balancing out the protection of society and the
justice net.
interests of the offender, tree from political
pressure or police contra, and involving con-
Referrals
siderable impartial discretion.
The
main referral source is the Fiscal’ office,
in the light of Police Reports received. Police
Principles
Repom can sometimes suggest or hint at the need
The basic principles informing diversion is
for alternatives to prosecution, because of the
that a Court appearance is unlikely to resolve
personal circumstances of me accused, but they
(and may exaggerate) a pmon’s problems, and
may well be orientated towards a prosecution.,
may well not beteqwcd in the public interest. A
and information will then œ!Îven selectively to
Court ~~,~ ~s often irrelevant to resolving any
promote that end. This thus indicates the
difficulties underlying an offences, and if a
advantages...
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