The Crown Office and Procurator Fiscal described existing processes—
if there is sufficient evidence of a crime, prosecutors consider what action, if any, best serves the public interest. In considering the public interest, the [Scottish Prosecution] Code requires prosecutors to take into account a range of factors, including the nature and gravity of the offence, the impact of the offence on the victim, the personal circumstances of the accused, the attitude of the victim, the age of the offence, any mitigating circumstances, the effect of a prosecution on the accused, and the risk of further offending.COPFS, written submission
They also pointed out that prosecutors have options available to them other than prosecution, including “diversion from prosecution, a formal warning, and the various direct measures (fiscal fine, fiscal compensation order, fiscal work order, and combined order) which a prosecutor may, by statute, offer to an accused person instead of prosecuting them”.