Diversion from prosecution

Diversion means the Procurator Fiscal refers you to a support programme, usually through social work, instead of prosecuting you.

Diversion from prosecution is an alternative the Procurator Fiscal can offer where offending seems linked to underlying issues such as addiction, mental health or personal circumstances. The person is referred to a local authority social work service or partner agency for a programme of work or support. Taking part is voluntary and you do not have to admit guilt formally. The agency usually reports back to the fiscal after about three months. The fiscal then decides whether to prosecute, and may decide not to while keeping the right to act in future. Diversion is not a criminal conviction, but participation may be disclosed on some disclosure checks. Victims' views are taken into account when the fiscal decides whether diversion is appropriate, but they are not decisive.

Checked as at 25 September 2026. General information only, not legal advice.