As a direct measure, offenders may be:
- given a warning by the Procurator Fiscal
- given the option of paying a fine
- given the option of paying compensation
- given the option of a Fiscal Work Offer
- offered the chance of referral for specialist support or treatment (diversion).
The Procurator Fiscal may decide to give the accused either a written or personal warning. Once this happens, the accused cannot be prosecuted for that offence.
If, following rejection of a fixed penalty offer or compensation offer, a prosecution follows, the accused's failure to take up the offer, and its amount may be disclosed to the Court.Fixed penalty and compensation offers are not criminal convictions. However, they are recorded and can be disclosed to the court for any offence which occurs within a period of two years from the date of acceptance. Where a fixed penalty offer or compensation offer has not been rejected the Procurator Fiscal, if asked, may disclose this to any person whom he considers to have a legitimate interest in knowing the outcome of the case, for example, the victim or the media.
If the offer is rejected or the work order is not completed satisfactorily then the Procurator Fiscal may prosecute for the offence.