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 the victim with safety planning, (iii) assisting the victim with the making of representations under 20 Part 2 of the Criminal Justice (Scotland) Act 2003, “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 25 participate in activities designed to eliminate or reduce future offending, (c) the provision of, and facilitation of access to, emotional and practical support, (d) the provision of help, including in particular to— 30 (i) access and make use of relevant general services and any 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. 35 (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. (8) The Scottish Ministers may by regulations modify the definition of “support 40 services” in subsection (6). 23 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (9) Regulations under subsection (4)(ga)(i) and (8)— (a) may include incidental, supplementary, consequential, transitional, transitory or saving provision, (b) may modify enactments (including this Act). 5 (10) Regulations— (a) under subsection (4)(ga)(i)— (i) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, (ii) are otherwise subject to the negative procedure, 10 (b) under subsection (8) are subject to the affirmative procedure. 1 34C Throughcare support standards: duty to comply (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. 15 (2) The persons are— (a) each local authority, (b) each health board, (c) Skills Development Scotland, (d) an integration joint board established by virtue of section 9 of the Public 20 Bodies (Joint Working) (Scotland) Act 2014, (e) the Scottish Ministers. (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 25 (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— “16ZA Provision of information to person supporting victim (1) This section applies where— 30 (a) a person entitled to receive information under section 16 (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) 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 35 (b) a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that the victim consents to the supporter being given the information. 24 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (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. 5 (3) The Scottish Ministers must, unless they consider that there are exceptional 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. 10 (5) In this section, “support services”— 1 (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 15 provided under subsection (3)), (ii) assisting the victim with safety planning, (iii) assisting the victim with the making of representations under this Part. (6) The Scottish Ministers may by regulations modify the definition of “support 20 services” in subsection (5). (7) Regulations under subsection (2)(a) and (6) may— (a) include incidental, supplementary, consequential, transitional, transitory or saving provision, (b) modify enactments (including this Act). 25 (8) Regulations— (a) under subsection (2)(a)— (i) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, (ii) are otherwise subject to the negative procedure, 30 (b) under subsection (6) are subject to the affirmative procedure.”. (2A) After section 16C (information to be given under section 16A) insert— “16D Provision of information concerning offender subject to compulsion order to person supporting victim (1) This section applies where— 35 (a) a person entitled to ask to be given information under section 16A (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) applies (the “supporter”) is to be given, as well as or instead of the victim, the information described in section 16C about the person referred to in section 16A as O, or 25 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (b) a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that the victim consents to the supporter being given the information. (2) This subsection applies to a person— 5 (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 in respect of which O has been made subject to a compulsion order and a restriction order. (3) The Scottish Ministers must give the information about O described in section 10 16C to the supporter. 1 (4) But the Scottish Ministers— (a) need not give the supporter information under this section if they consider there to be exceptional circumstances which make it inappropriate to do so, 15 (b) are not to give the supporter information about the terms of a condition in accordance with section 16C(2)(h) unless the condition is relevant to the victim as described in section 18A(3). (5) Subsection (3) does not apply where O has not attained the age of 16 years. (6) If the compulsion order or restriction order to which O has been made subject 20 is revoked, subsection (3) ceases to apply when the Scottish Ministers give the victim or, as the case may be, the supporter the information that— (a) the order has been revoked, and (b) the decision to revoke it is final. (7) In this section, “support services” has the same meaning as in section 16ZA(5). 25 (8) Regulations under subsection (2)(a)— (a) may— (i) include incidental, supplementary, consequential, transitional, transitory or saving provision, (ii) modify enactments (including this Act), 30 (b) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, (c) are otherwise subject to the negative procedure.”. (3) After section 17 (release on licence: right of victim to receive information and make representations) insert— 35 “17ZA Release on licence: provision of information to person supporting victim (1) This section applies where— (a) a person entitled to receive information under section 16 (the “victim”) as respects a convicted person intimates that they wish a person entitled to receive information under section 16ZA (the “supporter”) to be 40 informed before any decision is taken to release the convicted person, or 26 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (b) the supporter intimates that they wish to be so informed and the Scottish Ministers are satisfied that the victim consents to the supporter being so informed. (2) The Scottish Ministers must, whether or not the victim has intimated the wish 5 to be afforded the opportunity to make representations under section 17(1), give the supporter— (a) notice as mentioned in section 17(5), (7) and (9), and (b) the information mentioned in section 17(10). (3) The Parole Board for Scotland must give the supporter the information 10 mentioned in section 17(6) and (8) (whether or not the victim has intimated 1 the desire to receive that information). (4) Subsections (2) and (3) do not apply where the convicted person has not attained the age of 16 years by the date on which the case is referred to the Parole Board by the Scottish Ministers. 15 (5) This section does not apply— (a) as respects release under section 3 of the 1993 Act (release on compassionate grounds), (b) where the victim’s entitlement to receive information under section 16 arises by virtue of section 16(4)(a).”. 20 (4) In section 17A (temporary release: victim’s right to make representations about conditions)— (a) for subsection (1) substitute— “(1) This section applies where— (a) by virtue of subsection (1) or (5) of section 16 a person (the “victim”), 25 or (b) by virtue of section 16ZA(3), a person entitled to receive information under that section (the “supporter”), is given the information mentioned in section 16(3)(d) as respects a convicted person.”, 30 (b) in subsection (4)(b), after “victim” insert “or, as the case may be, the supporter”. (4A) After section 17D (right to information after section 17B decision) insert— “17DA Section 17B decision: provision of information to person supporting victim (1) This section applies where— (a) a person entitled to receive information under section 17D (the “victim”) 35 intimates to the Scottish Ministers that a person to whom subsection (2) applies (the “supporter”) is to receive, as well as or instead of the victim, the information, or (b) a supporter intimates to the Scottish Ministers that they wish to receive that information and Ministers are satisfied that the victim consents to 40 the supporter receiving the information. (2) This subsection applies to a person— (a) of a description prescribed by the Scottish Ministers by regulations, and 27 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (b) who is providing support services to the victim in relation to the offence in respect of which the person referred to in section 17B as O has been made subject to— (i) a hospital direction, 5 (ii) a transfer for treatment direction, or, as the case may be, (iii) a compulsion order and a restriction order. (3) The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, inform the supporter that the decision under section 17B has been taken. 10 (4) Subsection (5) applies where— 1 (a) in accordance with subsection (3), the Scottish Ministers have informed the supporter that the Tribunal has decided to make an order revoking a compulsion order or restriction order, and (b) by virtue of section 196 of the Mental Health Act, the Tribunal's order 15 does not have effect because the Court of Session has made an order under section 323(1) of that Act. (5) The Scottish Ministers must— (a) inform the supporter that the Court of Session has made an order under section 323(1) of the Mental Health Act, and 20 (b) give the supporter the information that they would have had to give the supporter by virtue of section 16C(4) had the Court not made that order. (6) In this section, “support services” has the same meaning as in section 16ZA(5). (7) Regulations under subsection (2)(a)— (a) may— 25 (i) include incidental, supplementary, consequential, transitional, transitory or saving provision, (ii) modify enactments (including this Act), (b) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, 30 (c) are otherwise subject to the negative procedure.”. (4B) In section 17E (information sharing in respect of mentally-disordered offenders)— (a) in subsection (1)— (i) for “or 16A” substitute “, 16ZA, 16A or 16D”, (ii) after “(“V...