Scotland starts throughcare support on 9 Feb 2026
From 9 February 2026, the Scottish Government brings section 13 of the Bail and Release from Custody (Scotland) Act 2023 into force, using Commencement No. 3 Regulations made on 22 January and laid on 26 January. In plain terms, the “throughcare support” duty moves from law-on-paper to law-in-practice. The aim is simple: consistent help for people from the point they enter custody through to life back in the community.
What throughcare support covers is set out in the Act itself. It includes advice and guidance, practical and emotional help, access to health, housing and other public services, and structured release planning. Crucially, it applies to people who have been remanded as well as those serving a sentence, and it continues after release. That full definition sits in new sections 34C and 34D of the Community Justice (Scotland) Act 2016, inserted by section 13 of the 2023 Act. (legislation.gov.uk)
The new law does two big things. First, Ministers must publish national standards for throughcare support within two years of commencement. Second, named public bodies must follow those standards when they provide support. Those bodies include local authorities, health boards, Skills Development Scotland, Integration Joint Boards and Ministers themselves. This creates a single, shared expectation of quality wherever you live in Scotland. (legislation.gov.uk)
What this means for learners and practitioners: we can expect clearer roles and fewer gaps between prison and community services. By setting minimum outcomes and requiring consultation with Community Justice Scotland, councils, the NHS and third sector groups before standards are finalised, the Act is designed to make services more consistent and easier to understand. (legislation.gov.uk)
There is live context behind this change. Scottish Government justice statistics show 1,200 statutory custody‑based throughcare cases and 1,400 voluntary throughcare cases in 2024–25. Ministers have also moved to a single national voluntary throughcare service from April 2025, delivered by third sector partners. Together, these figures and reforms explain why clear standards and duties are being switched on now. (gov.scot)
It helps to see the timeline. The Bill became law on 1 August 2023. Sections 6, 7 and 15 to 19 took effect the next day, while other parts have begun in stages. Commencement No. 1 activated sections 11 and 14 on 26 May 2024 and section 5 on 1 July 2024. Commencement No. 2 then brought in sections 1 to 4 on 14 May 2025, including the updated bail test and the duty on courts to record reasons. Today’s step adds section 13 to that list. (legislation.gov.uk)
If you teach law or social policy, this is a good case study in how Acts start in stages. A commencement regulation is the formal notice that tells everyone the exact date a section begins. Lawmakers often do this to give schools, councils, the NHS, prisons and charities time to train staff, agree data‑sharing, and fund new work before duties apply. Section 18 of the 2023 Act expressly allows Ministers to set different start dates for different parts. (legislation.gov.uk)
What to watch next: by 9 February 2028 at the latest, Ministers must publish the first national throughcare standards after consulting the listed partners. Expect practical details here-what good release planning looks like, how quickly people should be connected to housing or healthcare, and how services will evidence outcomes. For classrooms and community teams, that will be the moment to compare the standards with what is happening locally. (legislation.gov.uk)