Bail supervision and diversion services
The Court has the option of placing someone on bail supervision rather than remanding them in custody whilst Court proceedings are ongoing. In such circumstances, the Criminal Justice Service will then be asked by the Court to provide supervision to those on bail from the Court.
The accused has to agree to certain conditions such as not causing distress to witnesses, not committing any further offences or residing at a particular address. When on bail supervision the person will be expected to meet with a member of the Criminal Justice Team for a period determined by the Court.
The purpose of this contact is to enable people to remain in the community, continue with their employment, where relevant, and reduce the risk of reoffending.
Criminal Justice staff will see the person on a regular basis to address any life issues that may contribute to the risk of further offending, monitor their behaviour and manage any risk they may pose to the public whilst they are on bail.
The Procurator Fiscal can request a Diversion Report from the Criminal Justice Service when he or she believes that the alleged offender does not necessarily need to be prosecuted by the Court. Diversion is most often used for young or first time offenders, for less serious offences or where there is no overriding public interest for a prosecution to precede.
A Criminal Justice Social Worker will meet with the alleged offender to carry out an assessment of their situation and prepare a diversion report. If the Procurator Fiscal agrees, the person may be required to work on any of the issues which have been assessed as contributing to their alleged offence, e.g. lifestyle, substance misuse, mental health problems.
The Criminal Justice Team may work directly with the alleged offender for a limited period of time or refer them to another agency for more specialised support.