Diversion from Prosecution (DfP) is the process by which the Procurator Fiscal refers a person to their Local Authority to address the underlying causes of offending behaviour. All offences can be diverted and, in making the referral, Crown Office and Procurator Fiscal Service (COPFS) have decided that the offence in question meets the threshold for diversion and that this is the most appropriate course of action. It is for the Local Authority to assess the ‘suitability’ of the person’s needs, not to assess the risk inherent in the alleged offence or reject a referral on the grounds of offence type. This is key to the successful delivery of Diversion from Prosecution in Scotland.
This practice guide for justice partners covers responsivity, suitability process, and intervention and is paired with templates to download and edit as required.
Coproduced by:
Social Work Scotland
Community Justice Scotland
Crown Office and Procurator Fiscal Service
Criminal Justice Voluntary Sector Forum
Children and Young People’s Centre for Justice