Further Detail on the Report

The report highlights that number of diversion from prosecution cases rose by 12% between 2019-20 and 2020-21, the highest level in the last seven years. This rise is likely linked to changes in prosecution policy in 2019. Prosecution policy now states that diversion should be considered for all people where there is an identifiable need that has contributed to their offending and which can best be met through diversion. For children under the age of 18 in particular, there is a presumption that an alternative to prosecution will be in the public interest.

The review welcomes efforts made by a range of agencies involved in diversion at a national and local level to encourage greater use of diversion, to work in partnership and to deliver effective interventions. Also welcomed is the shift in focus as well as plans to optimise the use of diversion even further. It is noted that many accused persons require support for mental health, substance use or other issues and diversion from prosecution offers an opportunity for that support to be provided swiftly. Early intervention can help address the underlying causes of offending, avoid the person being drawn further into the criminal justice system and reduce or prevent further offending, to the benefit of the person, victims and communities.

The report makes 34 recommendations in total. Many of these will have implications for Police Scotland however of these recommendations four are specifically for Police Scotland. These are:

Recommendation 8 - Police Scotland should ensure that reporting officers have an appropriate level of awareness of the overarching principles of diversion from prosecution, including the role of partner agencies, and a good working knowledge of the national guidelines on diversion.

Recommendation 9 - Police Scotland should ensure that internal police guidance, standard operating procedures and templates provide adequate information to guide reporting officers on the completion of Standard Prosecution Reports (SPRs) as they relate to diversion.

Recommendation 10 Police Scotland should ensure that adequate supervision and quality assurance processes are in place to improve the quality of SPRs relevant to diversion.

Recommendation 11 Police Scotland should ensure that information known to the police that is relevant to the diversion assessment, such as that held on the Interim Vulnerable Persons’ Database, is included in SPRs.

Police Scotland officers have developed improvement actions and associated timescales which will deliver against the recommendations made by HMICS. The improvement plan and progress will be presented to September committee.