Guidelines for the Use of Diversionary Disposals

Closed 8 Mar 2019

Opened 15 Nov 2018

Overview

This is a public consultation by the Public Prosecution Service (PPS) to seek your views on our updated guidance covering the use of diversionary disposals by the Service.

'Diversion' refers to a variety of criminal justice methods which are used as alternatives to prosecution via the court system. This guidance aims to inform the public about the types of diversionary disposals available when a prosecutor is deciding whether to divert an accused person away from the formal court process. It also provides details of the general principles and procedures to be applied by prosecutors in deciding whether to use diversion.

The types of diversion currently available to the PPS include: adult caution / youth restorative caution; informed warning; diversionary youth conferencing; Community Based Restorative Justice; National Driver Alertness Course; and immediate caution.

Diversionary disposals are designed to simplify and speed up dealing with less serious offending. They were introduced as a proportionate response to lower level crime.

The Guidelines can be accessed here:

Guidelines for the Use of Diversionary Disposals, November 2018

It should be noted that initial equality screening has been carried out and no differential impacts were identified. However comments will also be welcomed from any person or organisations representing Section 75 groups that can highlight any aspect of the policy which may result in an unintentional impact. The initial screening form is available via the Equality area of the PPS website. 

Why We Are Consulting

The PPS would welcome comments from any interested individuals or groups regarding the scope and content of this guidance. You are invited to submit your views using a short questionnaire (6 questions in total) which can be accessed via the link below.

At the end of the consultation period, copies of responses received by the PPS may be made publicly available. The information will also be published in a summary of responses which will be made available on the PPS website. If you do not want all or part of your response or name made public, please state this clearly in your response. Any confidentiality disclaimer that may be generated by you or your organisation's IT system or included as a general statement in your fax cover sheet, will be taken to apply only to information in your response for which confidentiality has been specifically requested.

Any personal data which you provide will be handled in accordance with the Data Protection Act 2018. Respondents should also be aware that the PPS's obligations under the Freedom of Information Act 2000 may require that responses not subject to specific exemptions in the Act may be communicated to third parties on request.

Data Protection

The Data Controller of this information is the Public Prosecution Service, 93 Chichester Street, Belfast BT1 3JR. The Data Protection Officer for the Service can be contacted at dpo@ppsni.gov.uk.

Details of why we collect your data, what we do with it, and how we protect your privacy, along with the PPS Retention and Disposal Policy (detailing the time periods for which different classes of data are retained), can be found at  https://www.ppsni.gov.uk/Privacy-Information-5022.html. The relevant Privacy Notice can be viewed here.

What Happens Next

At the end of the consultation period, copies of responses received by the PPS may be made publically available. The information will also be published in a summary of responses which will be made available on the PPS website. If you do not want all or part of your response or name made public, please state this clearly in your response. Any confidentiality disclaimer that may be generated by you or your organisation's IT system or included as a general statement in your fax cover sheet, will be taken to apply only to information in your response for which confidentiality has been specifically requested.

Any personal data which you provide will be handled in accordance with the Data Protection Act 2018. Respondents should also be aware that the PPS's obligations under the Freedom of Information Act 2000 may require that responses not subject to specific exemptions in the Act may be communicated to third parties on request.

Data Protection

The Data Controller of this information is the Public Prosecution Service, 93 Chichester Street, Belfast BT1 3JR. The Data Protection Officer for the Service can be contacted at dpo@ppsni.gov.uk.

Details of why we collect your data, what we do with it, and how we protect your privacy, along with the PPS Retention and Disposal Policy (detailing the time periods for which different classes of data are retained), can be found at  https://www.ppsni.gov.uk/Privacy-Information-5022.html. The relevant Privacy Notice can be viewed here

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