Diversion from prosecution cases in Scotland reached a record high in 2024/25, with 3,594 cases commenced, official statistics published by the Scottish Government show. The total was 7.2% higher than the 3,351 cases the previous year and about 37% higher than 2,624 in 2022/23.
Diversion from prosecution allows prosecutors to refer accused people to local authority justice social work departments or partner agencies for support, treatment or other action to address underlying causes of offending instead of pursuing fines or court action. It is considered where there is sufficient evidence to prosecute, an identifiable need contributing to the alleged offending, and diversion is judged to be the most appropriate outcome in the public interest.
The number of diversion cases has risen steadily over the last decade. The 3,594 cases in 2024/25 compare with 1,859 in 2015/16 and 1,990 in 2019/20, according to the government report. Referrals for specific interventions also hit record levels: 172 were referred for drug treatment or education, up from 156 in 2023/24 and 83 in 2022/23; 166 were referred to alcohol treatment programmes; and 243 were referred to mental health services.
Demographic details in the report showed two-thirds of diversion cases involved men. People aged 40 and over accounted for 28% of cases, those aged 16 or 17 accounted for 23%, and 18- to 20-year-olds made up 14% of cases. Just over half of the offenders involved were reported as unemployed.
The Scottish Conservative justice spokesman, Liam Kerr, said the figures showed victims were being "betrayed by the SNP’s soft-touch justice agenda." He said diversion "was supposed to be used in relation to minor offences, but now thousands of criminals are increasingly likely to get a slap on the wrist," and argued the policy left victims "wondering why they bothered reporting crimes in the first place."
The Scottish Government’s report sets out the Lord Advocate’s prosecution policy, which directs prosecutors to consider diversion for adults with identifiable needs that have contributed to alleged offending and are best met through support, treatment or other action. For those under 18 not referred to the Children’s Reporter, the report said there is a presumption that an alternative to prosecution is in the public interest. A procurator fiscal may waive prosecution at the outset or defer a decision pending successful completion of diversion.
The government highlighted that decisions on prosecution policy, including diversion, are taken by the Lord Advocate as the independent prosecutor. It also pointed to long-term falls in recorded crime, saying Scotland remains a safe place to live and that recorded crime has decreased by more than half since 1991.
The Crown Office and Procurator Fiscal Service (COPFS) said prosecutors and criminal justice partners take seriously their responsibility to ensure diversion is used appropriately. "Prosecutors engage with partner organisations to contribute to an effective system-wide approach," a COPFS spokesman said. "Diversion offers an opportunity to address the causes that have contributed to offending behaviour and thereby reduce the risk of re-offending. This can work to benefit communities by breaking a cycle of harm."
Other parts of the criminal justice system also saw increases in activity. The number of bail supervision cases rose 17% between 2023/24 and 2024/25 to 1,500, the highest in the last decade. Home detention curfew assessment reports completed were 1,100 in 2024/25, an increase of 47% on the previous year.
Supporters of diversion argue the approach addresses issues such as addiction, mental health and social exclusion that can drive offending and helps reduce reoffending and pressure on courts and prisons. Critics, including some opposition politicians, say the growing use of diversion risks undercutting public confidence in the justice system and leaving victims feeling sidelined.
The statistics and accompanying statements underscore an ongoing debate in Scotland over balancing rehabilitation and public protection, with prosecutors, ministers and opposition figures offering differing views on the appropriate use of alternatives to prosecution as the number of diversions continues to rise.