Guidance 34AB Guidance (1) The Scottish Ministers must, no later than one year after the day on which 25 section 9(2) of the Bail and Release from Custody (Scotland) Act 2023 comes into force for any purpose, publish guidance about engagement under section 34A(1). (2) Such guidance may, in particular, include provision about— (a) the issuing of a request for engagement, 30 (b) compliance with a request for engagement, (c) how the duty of co-operation under section 35 is to operate in relation to the duty to engage in the development, management, and delivery of release plans under section 34A(1). (3) In preparing, reviewing, and revising the guidance, the Scottish Ministers must 35 consult— (a) Community Justice Scotland, (b) each local authority, (c) each health board, (d) the chief constable of the Police Service of Scotland, 20 Bail and Release from Custody (Scotland) Bill Part 2—release from custody 1 (e) Skills Development Scotland, (f) the Risk Management Authority, (g) an integration joint board established by virtue of section 9 of the Public 5 Bodies (Joint Working) (Scotland) Act 2014, (h) each person— (i) of a description prescribed by the Scottish Ministers by regulations, and (ii) who is providing support services to victims in relation to offences 10 perpetrated against or in respect of those victims, (i) such other persons as the Scottish Ministers consider appropriate. 1 (4) The Scottish Ministers must keep the guidance under review and may publish revised guidance whenever they consider it appropriate to do so. (5) Where revised guidance is published under subsection (4), this section— 15 (a) ceases to apply in relation to the previous guidance, (b) applies instead to the revised guidance (as it applied to the guidance published under subsection (1)). (6) In complying with a request to engage under section 34A(1), a person must have regard to guidance published under this section. 20 (7) In this section, “support services” has the meaning given by section 34B(6). (8) The Scottish Ministers may by regulations modify the definition of “support services” in subsection (7). (9) Regulations under subsection (3)(h)(i) and (8)— (a) may include incidental, supplementary, consequential, transitional, 25 transitory or saving provision, (b) may modify enactments (including this Act). (10) Regulations— (a) under subsection (3)(h)(i)— (i) which add to, replace or omit any part of the text of an Act are 30 subject to the affirmative procedure, (ii) are otherwise subject to the negative procedure, (b) under subsection (8) are subject to the affirmative procedure.”. 10 Throughcare support (1) The 2016 Act is amended as follows. 35 (2) After section 34AB, as inserted by section 9, insert— “Throughcare support 34B Throughcare support standards (1) The Scottish Ministers must, no later than two years after the day on which section 10(2) of the Bail and Release from Custody (Scotland) Act 2023 comes 21 Bail and Release from Custody (Scotland) Bill Part 2—release from custody into force, publish standards applicable to throughcare support in Scotland (in this section, the “first standards”). (2) The first standards— (a) must make provision for minimum standards and outcomes to be met 5 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 first standards under review and may publish revised standards whenever they consider it appropriate to do so. 10 (4) In preparing, reviewing, and revising the first standards, the Scottish Ministers 1 must consult— (a) Community Justice Scotland, (b) each local authority, (c) each health board, 15 (d) the chief constable of the Police Service of Scotland, (e) Skills Development Scotland, (ea) the Risk Management Authority, (eb) Social Care and Social Work Improvement Scotland, (f) an integration joint board established by virtue of section 9 of the Public 20 Bodies (Joint Working) (Scotland) Act 2014, (g) third sector bodies— (i) involved in community justice and the provision of throughcare support, (ii) involved in or carrying out work related to the provision of support 25 to children and families affected by imprisonment, (ga) each person— (i) of a description prescribed by the Scottish Ministers by regulations, and (ii) who is providing support services to victims in relation to offences 30 perpetrated against or in respect of those victims, (h) such other persons as the Scottish Ministers consider appropriate. (4A) The Scottish Ministers must, after consulting on the first standards in accordance with subsection (4) but before publishing those standards, publish a draft of the standards for public consultation for such period, of at least 12 35 weeks, as they consider appropriate. (4B) The Scottish Ministers must, before or on publication of the first standards, publish a report setting out— (a) the consultation process undertaken in order to comply with subsection (4A), and 22 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (b) the ways in which views expressed during that process have been taken account of in preparing the first standards (or stating that no account has been taken of such views). (5) Where revised standards are published under subsection (3), this section— 5 (a) ceases to apply in relation to the previous standards, (b) (other than subsections (4A) and (4B)) applies instead to the revised standards (as it applied to the first standards published under subsection (1)). (6) In this section— 10 “relevant general services” has the same meaning as in section 1, 1 “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— 15 (i) providing the victim with information (including information provided under section 16ZA(3) of the Criminal Justice (Scotland) Act 2003), (ii) assisting...