Drug diversion schemes led by police that steer individuals away from the criminal justice system into treatment and education services are significantly more effective at reducing reoffending than prosecution, according to a new analysis.
Study findings
Researchers examined outcomes across 13 English police forces and more than 62,000 criminal incidents over the past four years. They found that people whose cases were handled through decriminalisation-style diversion schemes were a third less likely to reoffend than similar individuals prosecuted for drug possession.
Several police forces in England, including Durham, the West Midlands, and Thames Valley, already use formal diversion schemes for drug possession. However, many forces still officially adopt a law-and-order approach, even though simple possession rarely leads to prison sentences today.
Expert opinion
Prof Alex Stevens, acting director of the University of Sheffield's Centre for Criminological Research, who led the study, stated: "The evidence is now strong enough that all police forces can be confident in adopting and expanding diversion schemes for people caught in possession of drugs."
The four-year study, funded by the Cabinet Office's evaluation accelerator fund and the first of its kind, is being conducted in collaboration with the National Police Chiefs' Council (NPCC) and the College of Policing to help police forces nationwide adopt police-led drug diversion.
Quantitative data was collected over four years on a cohort of people contacted by police forces between October 2021 and September 2022.
National strategy
Commander Alison Heydari, NPCC lead for out-of-court resolutions (OOCRs), highlighted the study's findings: "Through the 'national OOCR strategy', there is a clear commitment to ensuring that eligible individuals are consistently offered appropriate alternatives to prosecution, helping to prevent reoffending while also addressing disparities in outcomes."
However, the researchers found that diversion was used far less than possible, even in forces with established schemes, with only a minority of eligible cases diverted due to officers' choices. Stevens, who resigned from the government's expert advisory council on drugs in 2019 over political vetting, said: "Police forces now have an opportunity to reduce their costs – and pressure on the courts – by making more use of diversion. This will require clear leadership, proper training, and a shift in culture at street level."
Further recommendations
Jason Kew, former DCI at Thames Valley police who led its pre-arrest drug diversion scheme, suggested forces could develop specialist pathways for women: "Getting this right means fewer women in custody, fewer children lost to the system – and stronger, healthier communities. The question is no longer whether diversion works. It is how boldly we choose to build on it."
The report also noted that people in the most deprived neighbourhoods are most heavily policed and least likely to be diverted, and that black people are less likely to be diverted than white people for similar offences.
Prof Kojo Koram, from Loughborough University's law school and author of The Next Fix: The Winners and Losers in the Future of Drugs, commented: "For every stage of the drug policing process, from stop and search, to arrest, to sentencing, statistics show that black and minority ethnic people are punished at a much higher rate than white people despite similar rates of use. Diversion schemes are a first step towards moving people away from criminalisation, and clearly needed when we look at our overcrowded prisons, but they are still quite a tame policy initiative when compared to full decriminalisation and legal regulation policies being passed across Europe and North America. Britain remains desperately behind the curve on drug policy."
In 2017, when diversion schemes were first being formally adopted, a Home Office report acknowledged: "There is, in general, a lack of robust evidence as to whether capture and punishment serves as a deterrent for drug use."
Steve Rolles, senior policy analyst at Transform Drug Policy Foundation, said: "Diversion still feels like the government wanting to have the benefits of decriminalisation without having to say the word. Despite the obvious benefits of decriminalisation, it does nothing to deal with the harms of the illegal trade. The choice is between putting the government in charge, or leaving organised crime in control."
