Diversion Programmes & Public Perception: Tackling Misconceptions about ‘Soft Justice’

In conversations about criminal justice reform, alternative resolution programmes or Out-of-Court Resolutions (OoCR) are often misunderstood. Frequently dismissed in public discourse as “soft justice,” these alternatives to traditional prosecution and court proceedings are misconstrued as lenient or ineffective. This perception persists despite a growing body of evidence that diversion can reduce reoffending, deliver better outcomes for participants and victims, and make justice systems more efficient and equitable.

Despite this, many in the public still equate justice with court hearings and punitive sanctions, leading to the perception that anything short of prosecution is “letting people off.”

Why Misconceptions About ‘Soft Justice’ Persist

Several factors contribute to the persistent view that OoCRs are somehow too lenient:

• Limited Understanding of What OoCRs Involve

Research suggests that many people are unfamiliar with OoCR goals and structure. Without clear knowledge, diversion can seem like an easy option rather than a purposeful intervention.

A Transform Justice survey found that when individuals were given a specific example of these programmes, support for the use of diversions jumped to almost 75%.

• Media Framing and Public Discourse

Headlines and commentary that emphasise prosecution and incarceration for “tough on crime” messaging can overshadow nuanced discussions about alternatives. The term “soft justice” itself reflects a bias toward traditional punitive responses and undermines discussion about what constitutes effective justice.

• Judicial and Policy Complexity

Diversion operates across a spectrum, from community interventions to out-of-court resolutions. This complexity can make it harder to communicate simply and persuasively to the public why these programmes matter.

Strategic Communication to Build Public Support

Research has shown that the public has a limited understanding of diversions but educating them increases awareness and approval. Therefore, police forces and community organisations should work to educate their community. To shift public perception, stakeholders must communicate OoCR’s value through clear, consistent messaging:

1. Define Diversion Clearly and Early

Use accessible language that explains what diversion actually entails, including its goals, mechanisms, and eligibility criteria.

2. Highlight Outcomes, Not Labels

Move public conversation away from rhetoric about “soft” versus “hard” justice toward demonstrable outcomes: reduced reoffending, cost savings, and improved lives.

3. Share Success Storeys and Data

Case studies, participant testimonials, and robust statistics help the public appreciate real-world impact beyond abstract concepts.

4. Position Diversion as Part of a Balanced System

Emphasise that diversion complements, not replaces, traditional justice for serious offences. It offers a proportionate response suited to the harm, risk, and rehabilitative potential of the individual.

Alternative resolution programmes have emerged as a valuable component of modern criminal justice systems. Yet, until we address persistent misconceptions about “soft justice,” their potential will remain partially untapped. Clear communication, grounded in evidence and real-world impact, is essential to building broader understanding and support.

Diversion Manager is committed to helping organisations implement and communicate diversion effectively, balancing accountability with rehabilitation, and efficiency with fairness. By reframing how diversion is discussed and understood, we can move toward a justice system that is both just and smart.

Diversion Manager supports your force with our fully functional platform configurable to accommodate Out of Court Resolution programmes with advanced workflow, communication, reporting, and integration with your case management system. Contact us today if you’d like to set a meeting to learn more about Diversion Manager or to schedule a demo.