Exploring police use of diversion for sexual offences

Purpose To examine the role of police as gatekeepers to the criminal justice system through their use of diversionary mechanisms in response to sexual offending. Design/methodology/approach The study involves statistical analyses of existing police administrative data (from 2012–21) obtained from one Australian jurisdiction, Queensland. Findings Young people were more likely to receive a diversionary response than adults (i.e. more than 99%), with diversionary actions increasing slightly over time, and most being police cautions (i.e. 84.9%). Compared to young males, young females were more likely to receive a diversionary response, which was more likely to be a caution than a conference referral. This pattern was consistent over time; young people from First Nations backgrounds were less likely to receive a diversionary response than non-Indigenous young people, but if they received one, they were more likely to be referred to a restorative justice conference than non-Indigenous young people. This was also a consistent pattern over time. Research limitations/implications This study highlights the need for further research into the factors shaping police use of diversion in sexual offence cases, to better understand in what circumstances it is being used, and where it could be leveraged further, as appropriate. Originality/value This study offers a novel exploration of police actions in response to sexual offending, focusing on the mechanism of police diversion. It delineates the use of diversionary options over time, across offence types, and by gender, age and cultural heritage, providing fresh insights into the use of diversion in policing practice for sexual offence cases.