Smart justice, not soft justice: The case for expanding out-of-court diversion
On 6 June 2025 Revolving Doors hosted a roundtable about the future of out-of-court diversion as part of our Beyond the Cycle series.
Chaired by Emily Spurrell, Police and Crime Commissioner for Merseyside and Chair of the Association of Police and Crime Commissioners, the session brought together PCCs, policymakers, practitioners and people with lived experience of the criminal justice system. The focus was on those caught in the “revolving door” of crisis and crime: people repeatedly drawn into custody because of unmet needs like problematic substance use, homelessness, trauma and poor mental health.
What followed was a conversation that laid bare the failures of the current system, but also offered constructive suggestions on how real systemic change could be made.
Breaking the cycle: Beyond first-time offenders
Too often, diversion is treated as a one-time opportunity, offered only to those offending for the first time. But this model misses the point. As participants made clear, many people are ready to accept help not at the beginning of their criminal justice journey, but after multiple attempts, when the right support finally aligns with the right moment.
An argument often levied against diversion schemes is that they are not fair to victims. However, diversion represents an opportunity to prevent the creation of future victims, often alongside compensation for those who have already been affected by someone’s offending.
There was consensus at the round table that diversion must be embedded across all contact points: from arrest and custody through prosecution and sentencing.
The power and potential of Outcome 22
A key theme was the underused potential of Outcome 22, a police disposal that allows prosecution to be deferred while someone engages in a diversionary or rehabilitative activity. Crucially, it doesn’t require an admission of guilt – a vital difference that removes a significant barrier for many people.
There was a strong call for the Home Office to formally recognise Outcome 22 as a legitimate and effective resolution. Police forces should be incentivised and supported to use it more widely, with clear pathways to services and intervention options.
Lived experience expertise
Two Revolving Doors lived experience members shared their thoughts on diversion. Both had endured years of criminalisation rooted in substance use, trauma and poverty. For each, a turning point only came when compassion, support and understanding replaced punishment.
These stories reinforced a critical point: we cannot design effective interventions without the input of those who have lived them. Peer-led support must not be a bolt-on: it must be central to service delivery, design, and evaluation.
Lessons from the frontline
Presentations from Greater Manchester and Nottingham offered tangible examples of what works.
- In Nottingham, as covered in a recent podcast episode from the National Expert Citizens Group (NECG), Operation Brandberg has demonstrated that embedding SMD (Severe and Multiple Disadvantage) specialists in police teams and offering wraparound, person-centred support significantly reduced reoffending and the use of Criminal Behaviour Orders.
- In Greater Manchester, the Integrated Rehabilitative Services (IRS) and Lived Experience Team (LET) model shows the power of lived experience in shaping commissioning and holding services to account.
Both models show that multi-agency collaboration, including police, health, housing, and voluntary sector practitioners.
Humanising police contact and custody
Another major theme was the role of police in setting the tone within the police station for an environment where they can work with those for whom diversion may be a good route forward. Police contact, particularly during arrest and custody, can either entrench trauma or open the door to recovery. Participants stressed the need for trauma-informed training, compassionate engagement and consistent standards across custody suites.
There were also calls for targets to look at engagement in treatment and services as well as reoffending rates in measuring success.
The challenge ahead: Shifting culture and sharing power
The roundtable was underpinned by a shared desire from all present to enable a shift from a culture of punishment to one of pragmatism, accountability and hope. This means recognising the structural drivers of crime and giving equal weight to the voices of victims, many of whom want change, not imprisonment.
Diversion is not about ‘going soft on crime’. It is about being smart with justice. It saves money, reduces reoffending, and improves lives. But to succeed, it must be:
- Available across the justice journey, not just at the start.
- Grounded in lived experience.
- Supported by trained, multi-agency teams.
- Backed by political will and national recognition, especially of Outcome 22.
- Measured by wellbeing outcomes, not just reoffending rates.
Leadership unlocking change: A call to action
This roundtable proved one thing above all: the answers already exist. Across the country, in lived experience forums and frontline services, people are already pioneering what smart, compassionate justice looks like.
What’s needed now is leadership at a national and local level, to embed and expand these solutions. It’s time to end the revolving door for good.
