Primary diversion for psychological treatment: The decision making of procurators fiscal

Court intervention to address the mental health needs of mentally ill offenders

“…Formal diversion refers to imposing on a defendant a number of conditions, which may include attending and participating in psychiatric treatment in the mental health system for a specified length of time (Cooke, 1991(Cooke, , 1994. In California, prosecution is postponed so the mentally ill misdemeanant can complete a specified treatment program; if the individual successfully fulfills the conditions imposed by the judge, the criminal charges are dismissed, and "the arrest upon which the diversion was based shall be deemed to never have occurred" (California Penal Code, sec.…”

Psychological Evidence in Court

“…Even within Great Britain, there are some fundamental differences between English and Scottish law which effects the ways in which psychological evidence is used (Clark, 1987). In recent years the role of diversion for psychological treatment in criminal cases is expanding very rapidly in Scotland (Cooke, 1994).…”