Status of person immediately before release Provision of this Act by 11 1 virtue of which the person is deemed to have been released A short-term prisoner section 1(1) 15 15 A long-term prisoner section 1(3) 16 A person serving a term of imprisonment or section 1(1), construed as 17 18 detention imposed on a basis mentioned in section required by section 5(2) 5(1)(a) or (b) (fine defaulters and persons in 20 contempt of court) and who is, for any purpose, to be treated as a short-term prisoner by virtue of that section A person serving a term of imprisonment or section 1(3), construed as 23 24 detention imposed on a basis mentioned in section required by section 5(2) 25 5(1)(a) or (b) and who is, for any purpose, to be treated as a long-term prisoner by virtue of that section (a) A person detained— section 7(2) (i) under section 208 of the Criminal 30 Procedure (Scotland) Act 1995 (detention of children convicted on indictment), or (ii) in pursuance of an order under section 7(3) (children detained in solemn proceedings) 35 (2) In this section, “short-term prisoner” and “long-term prisoner” include a person treated, for any purpose, as a short-term prisoner or (as the case may be) a long term prisoner by virtue of section 6(1)(a) or 16(5)(a).”. (3) In section 12 (conditions in licence), after subsection (3) insert— 40 “(3A) Subsection (3)(b) does not apply in relation to a standard condition in a licence granted by virtue of regulations under section 3C(3).”. 13 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (4) After that section insert— “12ZA Conditions for persons released on licence under section 3C(3) (1) Standard conditions specified by the Scottish Ministers in regulations under section 3C(3) remain in force (unless they are cancelled) in relation to a 5 released person until the date on which the released person would, but for release by virtue of the regulations, fall to be released under section 1(3). (2) Standard conditions specified by the Scottish Ministers in regulations under section 3C(3) may include a curfew condition complying with section 12AB.”. 9 Duty to engage in release planning 10 (1) The Community Justice (Scotland) Act 2016 (“the 2016 Act”) is amended as follows. 1 After section 34 (innovation, learning and development activity) insert— (2) “Engagement in release planning 34A Duty to engage in release planning (1) Each person falling within subsection (2) must, so far as reasonably practicable, 15 comply with a request by the Scottish Ministers to engage in the development, management and delivery of a release plan. (2) The persons are— (a) a local authority, (b) a health board, 20 (c) the chief constable of the Police Service of Scotland, (d) Skills Development Scotland, (e) an integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014. (3) Engagement under subsection (1) must take place within the timescale specified 25 in the request. (4) In complying with subsection (1), a person— (a) must have regard to the role which third sector bodies are able to play in the development, management and delivery of the release plan, (b) may commission services from, or co-ordinate with existing services 30 provided by, third sector bodies as the person considers appropriate to meet the needs of the individual to whom the release plan relates. (5) The Scottish Ministers may by regulations modify the list in subsection (2). (6) Regulations under this section are subject to the affirmative procedure. (7) In this section— 35 “release plan” means a plan to— (a) prepare a relevant individual for release, (b) facilitate— (i) the individual’s reintegration into the community, 14 Bail and Release from Custody (Scotland) Bill Part 2—release from custody 38 (ii) access by the individual to relevant general services, “relevant general services” has the same meaning as in section 1, a “relevant individual” is an individual who has been— (a) remanded in custody, or 5 (b) convicted of offences and sentenced to imprisonment or detention in a penal institution.”. 10 Throughcare support (1) The 2016 Act is amended as follows. (2) After section 34A, as inserted by section 9, insert— 10 “Throughcare support 1 34B Throughcare support standards (1) The Scottish Ministers must, no later than one year after this section comes into force, publish standards applicable to throughcare support in Scotland. (2) The standards— 15 (a) must make provision for minimum standards and outcomes to be met by all providers of throughcare support in Scotland, (b) may make such further provision in connection with throughcare support as the Scottish Ministers consider appropriate. (3) The Scottish Ministers must keep the standards under review and may publish 20 amended standards whenever they consider it appropriate to do so. (4) In preparing, reviewing, and revising the standards, the Scottish Ministers must consult— (a) Community Justice Scotland, (b) each local authority, 25 (c) each health board, (d) the chief constable of the Police Service of Scotland, (e) Skills Development Scotland, (f) an integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014, 30 (g) third sector bodies involved in community justice and the provision of throughcare support, (h) such other persons as the Scottish Ministers consider appropriate. (5) Where revised standards are published under subsection (3), this section— (a) ceases to apply in relation to the previous standards, 35 (b) applies instead to the revised standards (as it applied to the standards published under subsection (1)). (6) In this section— “relevant general services” has the same meaning as in section 1, 15 Bail and Release from Custody (Scotland) Bill Part 2—release from custody “throughcare support” means in relation to individuals falling within subsection (7)— (a) the provision of advice and guidance, (b) the provision of, and facilitation of access to, opportunities to participate in activities designed to eliminate or reduce future 5 offending, (c) the provision of, and facilitation of access to, emotional and practical support, (d) the provision of help, including in particular to— 10 (i) access and make use of relevant general services and any 1 relevant specialist services which are available, (ii) co-operate and comply with any relevant conditions, court orders, and ongoing judicial or court processes, (e) engagement in release planning in accordance with section 34A. 15 (7) An individual falls within this subsection if they have been either— (a) remanded in custody, or (b) convicted of offences and sentenced to imprisonment or detention in a penal institution. 34C Throughcare support standards: duty to comply 20 (1) Each person falling within subsection (2) must, in exercising functions relating to the provision of throughcare support, comply with the standards published or revised under section 34B. (2) The persons are— (a) each local authority, 25 (b) each health board, (c) Skills Development Scotland, (d) an integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014, (e) the Scottish Ministers. 30 (3) The Scottish Ministers may by regulations modify the list in subsection (2). (4) Regulations under this section are subject to the affirmative procedure.”. 11 Provision of information to victim support organisations (1) The Criminal Justice (Scotland) Act 2003 is amended as follows. (2) After section 16 (victim’s right to receive information concerning release etc. of offender) insert— 35 16 Bail and Release from Custody (Scotland) Bill Part 2—release from custody “16ZA Provision of information to person supporting victim This section applies where— (1) (a) a person entitled to receive information under section 16 (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) 5 applies (the “supporter”) is to be given, as well as or instead of the victim, the information described in section 16(3) in relation to the person convicted of the offence perpetrated against the victim, or (b) a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that the supporter requires 10 the information in order to provide the victim with support services. 1 (2) This subsection applies to a person— (a) of a description prescribed by the Scottish Ministers by regulations, and (b) who is providing support services to the victim in relation to the offence perpetrated against the victim. 15 The Scottish Ministers must, unless they consider that there are exceptional (3) circumstances which make it inappropriate to do so, give the supporter such information as is described in section 16(3). (4) Subsection (3) does not apply where the person convicted of the offence perpetrated against the victim is released before attaining the age of 16 years. 20 In this section, (5) “support services”— (a) means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the victim, and (b) includes— (i) providing the victim with information (including information 25 provided under subsection (3)), (ii) assisting...