Dorothy Bain KC

Diversion from prosecution is one of a range of community justice interventions prosecutors will consider. Its application is guided by the Scottish Prosecution Code and its use for offenders under 18 is in keeping with obligations to children in terms of the UN Convention on the Rights of the Child (UNCRC).

In diversion, an offender is referred by COPFS to local authority social work services or a partner agency for support, treatment, or other action to address the underlying causes of the alleged offending and prevent further criminality.

Ms Bain said: “Sexual offences are among the most difficult cases prosecutors deal with. I am acutely aware of the trauma experienced by victims and their loved ones. As public prosecutors, we are trusted to make appropriate decisions and must uphold the trust placed in us.

“Diversion can be an appropriate intervention to prevent perpetrators re-offending which, in turn, builds towards a safer society for all. Addressing needs which have contributed to offending behaviour is in the interest of the wider community. Such intervention can be particularly effective in cases of children’s offending, changing the direction of young lives for the better.

“I have instructed this review as there is a responsibility on COPFS and criminal justice partners to ensure that diversion is being used appropriately. The review is timely in ensuring we are continuing to consider the rights of children under UNCRC guidance.”

“The review will engage with victims and listen closely to their views. It will also involve our partners across the criminal justice system. Justice for victims will always remain the focus of what we do.”