Treatment as an Alternative to Prosecution: Offenders Diverted for Treatment

Abstract

In Scotland, procurators fiscal (state prosecutors) can divert certain offenders from the court process into treatment. This paper describes the first diversion scheme in which offenders who are suspected of having psychological difficulties are referred for psychological and psychiatric treatment before, and generally in lieu of, prosecution. It is argued that the procurator fiscal is successful in selecting suitable cases for treatment: most people referred have significant psychological difficulties but have failed to obtain appropriate assistance through the normal channels of referral.