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Diversion from prosecution is a formal decision by the Procurator Fiscal. On receipt of a police report the Procurator Fiscal can choose to divert the young person to a local social work team or other service provider. The provider should have specific expertise in working with young people.
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The aim of diversion from prosecution can be outlined as follows: To provide a disposal which, due to the circumstances of the individual and the circumstances of the alleged offence, provides an appropriate person-centred response; To enable a swift intervention, which can interrupt a cycle of offending and/or prevent further offending.
Increasing numbers of people are being diverted away from the traditional judicial process in Scotland, with greater focus on providing supports through Diversion from Prosecution (DfP).
The Whole System Approach (WSA) uses an early intervention approach to divert young people away from the criminal justice system and invites agencies to work together to achieve better outcomes.
There was effective multi-agency collaboration in delivering diversion interventions between justice social work and other services, including third sector organisations, youth justice, mental health, health, employment and housing.
WSA promotes a multi-agency, multi-disciplinary approach to youth offending with an ethos that young people who offend could and should be diverted through early intervention, diversion and use of robust community alternatives to keep them out of the criminal justice system.
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With youth justice sitting in both children and families and criminal justice services and the Children’s Hearings and criminal justice systems, this section aims to offer some understanding of the parameters in which services dealing with children and young people who offend are framed.
