On the 11^th of December, the Authority and Police Scotland welcomed experts from across the criminal justice system and beyond to discuss direct measures used by Police Scotland. Governed by the Lord Advocate’s Guidelines which were published in August 2024, direct measures are available to police officers in Scotland to address low-level offending. The Authority has previously published a blog post on what direct measures are and how they are used. 

The purpose of our event was to provide the public with a greater understanding of direct measures and their use in the Scottish context, whilst also addressing any issues or concerns the public may have around their use. We have produced a short highlights video which covers the key discussion points of the day. 

Our first speaker was ACC Wendy Middleton. ACC Middleton provided a detailed overview of how police officers implement direct measures and incidents where direct measures would not be appropriate. In addition, ACC Middleton provided detail around the safeguards around the use of direct measures, ensuring that they are only used by police officers in appropriate circumstances. To aid public confidence and trust in direct measures, Police Scotland continue to openly report on data relating to the use of direct measures. ACC Middleton noted that thorough training is in place to ensure officers have confidence to use this proportionate approach appropriately.

Jenny Hamilton from the Crown Office and Procurator Fiscal Service (COPFS) discussed the prosecutor’s perspective of direct measures and provided some background into the development of the Lord Advocate’s Guidelines. Jenny’s points focused on the swift resolution of justice provided through the use of direct measures, and the benefit this provides to every aspect of the criminal justice system and beyond. Jenny noted the overarching principles of direct measures weaved through the Lord Advocate’s Guidelines to support its implementation, and that the availability of alternative measures such as direct measures are in the interest of the public. This input also noted the regular review of the Guidelines that will be undertaken by COPFS.

Dr Gabrielle Watson from the University of Edinburgh provided an academic perspective on the use of direct measures. Whilst noting that there is no robust academic evidence on direct measures in Scotland specifically, Dr Watson referred to similar areas of practice from which insights and learning can be drawn.

Dr Watson noted the transparency of these measures, and the discretion offered to police officers through the option to utilise direct measures. She noted the value added by direct measures through providing an avenue to address offending that is too serious for no interventions, though perhaps not serious enough to be tried at court.

However, Dr Watson cautioned that it is important for police legitimacy that these measures have an equality of impact, and that they do not exclude already marginalised communities and the importance for compassion. Importantly, she urged for the importance of tracking the effectiveness of direct measures and for detailed academic research.

Finally, Gemma Fraser from Community Justice Scotland discussed the importance of working with communities to ensure appropriate implementation of justice measures. Gemma noted the importance of considering alternative approaches, such as restorative justice and direct measures, whilst also noting the value of a trauma informed approach when working with individuals and communities.  Building upon the inputs from our other speakers, Gemma noted that whilst collecting data and evidence on the use of direct measures is vital, it is also important to ensure that the correct data is collected, and for the correct reasons.

The plenary session at the end of the event provided the opportunity to discuss finer points of detail with our panel. The panel session further developed points that will need to be considered by various partners as the use of direct measures matures. In particular, we heard of the importance of appropriate messaging around direct measures to provide assurance to offenders, victims, and wider communities. We also heard of the challenges facing the wider justice system, and that direct measures can help to minimise delays to justice.

Throughout the event, we heard that direct measures could provide a swifter path to justice, whilst also recognising limitations of these measures. This included discussion around the proportionality of use of direct measures, and overcoming consistencies in the use of direct measures, whilst empowering police officers to use their discretion. The Authority thanks the panel members for their contributions to ensure a fair and balanced discussion.

Going forward, the Authority will continue to provide oversight of the use of direct measures. The Authority welcomes the development of research and evidence to appropriately assess the effectiveness of direct measures and future events on this and similar topics. Through continued and sustained efforts from criminal justice sector partners, the sector should work together to continue to ensure the fair, proportionate and evidence-driven use of direct measures to support public confidence in policing.