Terms of Reference – Joint review of diversion from prosecution

1. Community Justice Scotland, National Guidelines on Diversion from Prosecution in Scotland (April 2020).

2. Scottish Government, Criminal Justice Social Work Statistics.

3. Scottish Government, National Strategy for Community Justice (2016), page 32. The strategy is currently under review and a revised strategy is expected later in 2022.

4. Scottish Government, A fairer, greener Scotland – Programme for Government 2021-22, page 101.

5. Established by the Community Justice (Scotland) Act 2016, the role of Community Justice Scotland is to oversee and report on the performance of community justice services, and promote and support improvement and awareness of community justice.

6. Community Justice Scotland, National Guidelines on Diversion from Prosecution in Scotland (April 2020).

7. While HM Inspectorate of Prisons has no locus in respect of diversion from prosecution, it shares an interest in developing community-based interventions and shifting the balance from custodial sentences.

8. IPS, Thematic report on the prosecution of young people (2018).

9. See, for example, A Fraser & S MacQueen, Evaluation of early and effective intervention and diversion from prosecution in Dumfries and Galloway (2011); B Bradford & S MacQueen, Diversion from prosecution to social work in Scotland: a snapshot of current patterns and an examination of practice in three CJAs (2011); C Gormley, Mapping of active criminal justice diversion schemes for those with mental health problems in Scotland (2013); K Murray, P McGuiness, M Burman & S McVie, Evaluation of the Whole System Approach to young people who offend in Scotland (2015).

10. Community Justice Scotland, National Guidelines on Diversion from Prosecution in Scotland (April 2020).