Chamber and committees

Diversion is the referral of an accused to the supervision of a social worker, psychiatrist, psychologist or mediator for the purposes of support, treatment or other action as an alternative to prosecution. It has its formal origins in Second Report of the Stewart Committee on Alternatives to Prosecution. The object of diversion is to obtain, in a case in which prosecution would otherwise be justified, a disposal which, having regard to the personal circumstances of the accused, is more satisfactory on humanitarian grounds than prosecution or which may prevent the re-occurrence of offending conduct through early or intensive intervention outwith the court. Diversion arrangements are local and therefore vary throughout the country. Procurators fiscal hold very detailed guidelines which address the different models available but it is possible to state here the three essential features of the guidance which are common to all arrangements. Those features are:

1. In considering diversion, as in considering any other option, procurators fiscal are instructed to have regard to the whole circumstances including the gravity of the offence and the interests of the victim.
2. People rather than cases are diverted. Subject to a long-standing Lord Advocate's direction that offenders who breach Sex Offender Orders should not be considered for diversion, no other category of crime is automatically excused from a diversion scheme. As a general rule, however, the more serious the criminal conduct, the more likely it is that prosecution rather than diversion should take place.
3. Before an accused is considered for diversion there must be sufficient evidence to prosecute. Where the procurator fiscal receives a case and decides not to prosecute, for whatever reason, but considers that the accused would nevertheless benefit from social work intervention, then he may still bring the case to the attention of the Social Work Department, but such cases do not form part of a diversion scheme.

Under the "deferred prosecution" model, with diversion to the Social Work Department (which represents the most common arrangement), the process is generally as follows:

1. the procurator fiscal decides that a case is worthy of prosecution but considers that diversion should be canvassed;
2. the procurator fiscal contacts the Social Work Department and, if appropriate, sends to them a copy of the police report;
3. the Social Work Department check their own records from which they may be able to decide whether they consider the accused would be a suitable candidate for assessment for diversion;
4. the Social Work Department reports their view to the procurator fiscal as to suitability for assessment;
5. the procurator fiscal writes to the accused asking if he is willing to participate in the assessment process;
6. if within seven days the accused says that he is not willing to participate (and thus opts out) the procurator fiscal should notify the Social Work Department and thereafter reconsider the case for prosecution;
7. if the accused does not opt out then the Social Work Department will arrange to interview the accused;
8. within 21 days, the Social Work Department provides a written report to the procurator fiscal on the outcome of the interview;
9. the procurator fiscal decides whether to divert or prosecute and intimates his decision to both the Social Work Department and the accused;
10. no later than three months thereafter, the Social Work Department will submit a progress report to the procurator fiscal. If diversion is proceeding satisfactorily then intimation that no proceedings are to be taken is made to the accused. If diversion is not proceeding satisfactorily the accused is be prosecuted without further delay :

on completion of diversion the Social Work Department will submit a final report to the procurator fiscal in order that success or otherwise may be monitored.

The Human Rights Act, which incorporated the European Convention on Human Rights into domestic law, is UK legislation. The Home Office's Human Rights Unit has taken the lead in an extensive information and advertising campaign right across the UK on people's rights under the Act. Guidance material has been provided to libraries and Citizens' Advice Bureaux, and is freely available via a telephone order line. In addition, the Scottish Executive has circulated guidance to all public authorities in Scotland; and we have set up an Internet website including basic information, references and contact points.

Energy policy is a reserved matter. The Scottish Executive has no plans to study the impact of opencast mines on national energy strategy.

The Executive has been involved in discussions with ECPAT through our joint review with the UK Government of the Sex Offenders Act 1997. The main issue discussed was the extension of the sex offenders register to those resident in the United Kingdom who have been convicted of sex offences abroad.

In line with current EC policy for the 2000-06 Objective 2 Programmes, ERDF will not provide for major infrastructure projects. Activities indirectly connected with such projects which provide additional economic development outcomes may however be eligible to receive European Funding.

We expect that by 2002 all schools will be connected to the Internet and that e-mail will be available to all pupils.

There are no such provisions in the Sex Offenders Act 1997. However, we are considering this subject in our joint review of the 1997 Act with the UK Government.

Under the Sex Offenders Act 1997, sex offenders liable for registration have to inform the police when they move house or if they stay at an address for more than 14 days. Failure to do so is an offence.

There have been no such discussions. Arrangements already exist through the National Criminal Intelligence Service and Interpol for intelligence to be sent to other countries when the police believe a known sex offender has travelled to that country and anticipate that he may commit a criminal offence.

Under the provisions being introduced in the Criminal Justice and Court Services Bill, Ministers will have the power to make regulations requiring certain sex offenders to notify the police when travelling abroad. More widely, the effectiveness of the register is being considered in our joint review with the UK Government, which is consulting interested organisations. We will also draw on the report of the Expert Panel on Sex Offending chaired by Lady Cosgrove, which has carried out its own consultation on a range of issues related to the monitoring of sex offenders.