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Diversion Practice Guidance

Guidance on how to deliver diversion effectively for children and young people

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This report – which was co-authored by the Centre for Justice Innovation – focuses on what happens to children at the early stages of the youth justice system when they first encounter the police. This includes both informal diversion schemes that divert children from all formal outcomes and formal out-of-court disposals, which can involve a formal caution but still divert the child away from court.

The best available evidence shows that, on average, diverting children from the criminal justice system reduces reoffending and violence. It can also lower the severity of any crimes they do later commit. The greatest impacts are seen when diversion is early (pre-charge) and on children who are younger (12–14). Diverting children is also likely to achieve these results for a lower cost than processing them through the formal justice system.

About the guidance

There is no one-size-fits-all solution when responding to arrested children. There is inherent complexity in ensuring that a child receives the most appropriate outcome, considering the severity of the offence, aggravating and mitigating factors, the views of victims, and whether diversionary activities can address a child’s needs. We’ve produced this guidance to support police forces – and the wider partnership – in navigating this complexity by embedding robust and transparent decision-making, effective partnership working and evidence-based support.

The guidance should be read in conjunction with national guidance, including the Youth Justice Board’s (YJB’s) Case Management Guidance and YJS Police Officer Guidance and the National Police Chief Council’s (NPCC) Child Gravity Matrix and Children and Young Persons Policing Strategy (2024-2027).

Recommendations

We have set out seven recommendations to effectively implement diversion practices.

1

Encourage a pro-diversion culture among all officers and staff for low-level offending

Why? When delivered correctly, diversion can play a key role in preventing children from reoffending in the future.

Recommended actions:

  1. Include diversion in police training
  2. Formalise a process whereby officers overseeing diversion report back on engagement and outcomes
  3. Provide a dedicated police officer to each YJS and co-locate the officer within the YJS

2

Develop clear eligibility criteria and ensure equitable access to diversion

Why? Unclear, narrow or inconsistent eligibility criteria can impede access to and engagement with diversion.

Recommended actions:

  1. Avoid criteria that are based solely on offence type or previous offending.
  2. Use the Child Gravity Matrix to inform decision-making
  3. Avoid criminalising children for low-level offences
  4. Avoid net-widening
  5. Tackle disparities
  6. Ensure appropriate adults and solicitors are aware of the diversion offer to address inequity

3

Reduce the use of police custody for children

Why? Police custody is experienced by children as harsh and punitive, fostering resentment and undermining trust

Recommended actions:

  1. Use custody for children only when necessary
  2. Prioritise interviewing children outside of police custody

4

Develop a robust decision-making process with your partners

Why? Combining information from multiple agencies means that a child is more likely to receive the most appropriate outcome.

Recommended actions:

  1. Convene a joint decision-making panel and secure appropriate membership
  2. Bring all relevant information to the panel to inform decision-making
  3. Focus on swift administration and a transparent decision-making process

5

Ensure swift access to evidence-based support

Why? Providing support quickly following the original offence is likely to mean it is more effective.

Recommended actions:

  1. Make the referral process as simple and straightforward as possible
  2. Facilitate access to support within four weeks of referral and regularly review average wait times
  3. Work with YJS and other relevant stakeholders to connect children to evidence-based support

6

Agree a process for reviewing and closing diversion cases

Why? Transparent and fair decision-making can increase compliance and reduce reoffending.

Recommended actions:

  1. Make expectations clear and ensure the consequences of non-engagement are understood
  2. Take a multi-agency approach to dealing with non-engagement
  3. Develop a clear process for victim engagement and updates

7

Maintain high standards of diversion delivery

Why? How you do diversion (e.g. speed, quality and appropriateness of support) really matters to reducing reoffending.

Recommended actions:

  1. Operate a robust scrutiny panel for reviewing diversion and share recommendations with everyone involved in its delivery
  2. Ensure a police representative of the rank of chief inspector or above attends YJS management boards

Downloads

Download the guidance report

Download the full Diversion practice guidance.