Current status: Answered by Ruth Charteris on 26 August 2025
To ask the Scottish Government how many accused persons in each of the last three years have been subject to a diversion from prosecution, and what the 10 most common offences being dealt with were.
The Scottish Government publish accredited official statistics annually, which include information on diversions from prosecution and are available on the Scottish Government website. The Scottish Government statistics are not directly comparable to the COPFS figures and the Scottish Government statistics should be preferred for statistical purposes.
COPFS operates a live, operational database to manage reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. This system is designed to support the operational needs of criminal case processing, rather than for statistical analysis, and the information within it is structured accordingly.
Due to the way that decisions on diversions are recorded on this database, in order to provide an accurate response, a manual check of the relevant cases would be required.
Individuals accused of offences may be reported to COPFS on multiple charges. The table below presents the number of accused persons reported to COPFS where the first substantive marking indicates possible diversion. These figures reflect the number of accused persons, not the number of charges. As it has not been possible to conduct manual checks of this volume of cases, the following table should be taken as indicative.
Year | 2022-2023 | 2023-2024 | 2024-2025 |
Total | 4,624 | 6,577 | 6,267 |
COPFS statistics include data on diversion for driving offences. In these cases, diversion is not through referral to social work; referral is made to specific, approved scheme service providers to address the underlying causes of this type of offending.
Subject to the caveats provided above, the following list presents the 10 most common offences subject to potential diversion. It is based on the number of accused persons reported to COPFS on a single charge who received a first substantive marking for possible diversion during the period requested. Offences are grouped according to the Scottish Government’s classification system, specifically under Group 2.
Drugs - Possession
Threatening and abusive behaviour
Common assault
Shoplifting
Dangerous & careless driving
Drunkenness & other disorderly conduct
Vandalism
Crimes against public justice
Other theft
Community and public order offences.