Diversion schemes were about making sure people did not enter the criminal justice system but got the treatment and support they needed , ‘ with excellent harm reduction and support ’ along the way . They also saved many hours of police time . ‘ We need to make it as easy as possible for officers to use diversion ,’ said Nicholas . ‘ It can be done at different – and all – points .’

Pre-arrest referrals or out of court resolutions ( OoCRs ) came in different shapes and sizes – and with 75 per cent of court cases resulting in a fine of £ 200 or less , they offered a range of more viable alternatives . These included deferral – where someone apprehended for a ‘ low-level ’ offence such as drug possession was given the

option of entering a treatment or education programme rather than entering the criminal justice system via arrest and court proceedings – and deflection , where a police officer could use their interaction with an individual to suggest potential resources and positive actions in a situation where no official action was taken .

OoCRs offered huge benefits for both the individual and the wider population , said Nicholas . They provided an opportunity to engage with education and services and could help to avoid a criminal record and potentially a prison sentence with all its negative impacts .

There was also a significant opportunity for expanding workplace diversion schemes , he added . Companies in several sectors regularly drug tested employees without having a clear plan on how to deal with the results of a positive test . Offering access to treatment and education as an alternative to dismissal would benefit everyone involved .

OPPORTUNITY KNOCKS Diversion also had an important role for people currently in

the criminal justice system , explained Emma Rimell , psychosocial service manager at HMP Birmingham . Prison should go beyond punishment and was a real opportunity to help people engage with education , treatment and social services . Instead of people becoming institutionalised , it was ‘ an opportunity with a captive audience for meaningful interventions ’.

Overcrowded jails , the lack of specialist wings and the condition of many prisons made this difficult , especially when working with prisoners on remand – ‘ a forgotten cohort ’. ‘ It can be disruptive for them and there ’ s less opportunity for meaningful intervention with limited time in custody ,’ she said . With the high risk of overdose and reoffending immediately after release , continuity of care – with integrated pathways – was crucial .

She acknowledged the many challenges but , given the high incidence of overdose after release and levels of reoffending , stressed the importance of trying to engage prisoners with treatment services and mutual aid . ‘ It ’ s important that a rehab

culture is taken on board by everyone in the prison setting ,’ she said . A positive environment should reflect ‘ fair and just decision-making ’ but also extend to wellbeing initiatives and social support networks with friends and family .

There were other factors to consider : being in a prison not close to home made follow-up difficult and women ’ s needs were also different . Living conditions in some prisons were inhumane . ‘ So do we invest in prisons , or divert ?’ she asked .

CONSIDER THE EVIDENCE ‘ Diversion is evidence based ,’ said former deputy chief constable for Lincolnshire , Jason Harwin . ‘ It ’ s not just about saving money , it ’ s about a better outcome for the individual . We should be doing more of it , not less – it ’ s just about how we do it .’

There was currently a ‘ postcode lottery ’, he said , with some areas working more proactively than others to deliver OoCRs . This could result in differing outcomes for the same offence .

There were additional challenges with the culture

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