Dorothy Bain KC

The Crown Office and Procurator Fiscal Service (COPFS) said the new document recognises the seriousness of these cases, the profound impact they have on victims, and the need to ensure that diversion and referral are being used appropriately.

Decisions in such cases will now be taken by senior crown counsel appointed by the Lord Advocate to exercise her authority on her behalf. They make decisions in serious cases and instruct procurators fiscal on complex or sensitive issues.

The changes follow an in-depth look at how diversion and referral to the Children’s Reporter is used in cases of solemn-level sexual offending.

The revised policy, which has been published, was informed by consultation with a wide range of interested groups including victim support organisations, youth work services and legal agencies. Local authorities and academics working in criminology and social work were among others who provided invaluable input.

Lord Advocate Dorothy Bain KC said: “I am intensely aware of the trauma experienced by victims of sexual crime and their loved ones. These are among the most difficult cases we deal with. We are trusted to make appropriate decisions and must uphold the trust placed in us.

“I am pleased to note that communication with victims is central to the new policy. I have instructed that the views of the victim should be obtained before any application is made for a decision to be taken, and victims are to be informed as soon as an outcome is determined.

“The considerations we will bear in mind in deciding what should be done in these cases are multi-layered and must reflect the rights of everyone involved. I hope that the publication of our policy will assist in understanding of how decisions are reached and improve confidence in them.”

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.

Its application is guided by the Scottish Prosecution Code and its use for offenders under 18 is in keeping with COPFS’ obligations to children in terms of the UN Convention on the Rights of the Child.

The Children’s Reporter decide if there should be a hearing arranged to consider and make decisions about children and young people who may need legal steps to be taken to address issues in their lives.