http://www.legislation.gov.uk/asp/2016/10/crossheading/throughcare-supportCommunity Justice (Scotland) Act 2016An Act of the Scottish Parliament to make provision about community justice, including establishing a new national body to oversee community justice and introducing requirements in relation to the achievement of particular nationally and locally determined outcomes; and for connected purposes.texttext/xmlenStatute Law Database2026-02-15Expert Participation2026-02-09 Community Justice (Scotland) Act 2016s. 34A 34B and cross-headingBail and Release from Custody (Scotland) Act 2023s. 12(2)s. 18(2) 34C1The Scottish Ministers must, no later than two years after the day on which section 13(2) of the Bail and Release from Custody (Scotland) Act 2023 comes into force, publish standards applicable to throughcare support in Scotland (in this section, the “first standards”).2The first standards—amust make provision for minimum standards and outcomes to be met by all providers of throughcare support in Scotland,bmay make such further provision in connection with throughcare support as the Scottish Ministers consider appropriate.3The Scottish Ministers must keep the first standards under review and may publish revised standards whenever they consider it appropriate to do so.4In preparing, reviewing, and revising the first standards, the Scottish Ministers must consult—aCommunity Justice Scotland,beach local authority,ceach health board,dthe chief constable of the Police Service of Scotland,eSkills Development Scotland,fthe Risk Management Authority,gSocial Care and Social Work Improvement Scotland,han integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,ithird sector bodies—iinvolved in community justice and the provision of throughcare support,iiinvolved in or carrying out work related to the provision of support to children and families affected by imprisonment,jeach person—iof a description prescribed by the Scottish Ministers by regulations, andiiwho is providing support services to victims in relation to offences perpetrated against or in respect of those victims,ksuch other persons as the Scottish Ministers consider appropriate.5The 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 weeks, as they consider appropriate.6The Scottish Ministers must, before or on publication of the first standards, publish a report setting out—athe consultation process undertaken in order to comply with subsection (5), andbthe 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).7Where revised standards are published under subsection (3), this section—aceases to apply in relation to the previous standards,b(other than subsections (5) and (6)) applies instead to the revised standards (as it applied to the first standards published under subsection (1)).8In this section—“relevant general services” has the same meaning as in section 1,“support services”—means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the victim, andincludes—providing the victim with information (including information provided under section 16ZA(3) of the Criminal Justice (Scotland) Act 2003),assisting the victim with safety planning,assisting the victim with the making of representations under Part 2 of the Criminal Justice (Scotland) Act 2003,“throughcare support” means in relation to individuals falling within subsection (9)—the provision of advice and guidance,the provision of, and facilitation of access to, opportunities to participate in activities designed to eliminate or reduce future offending,the provision of, and facilitation of access to, emotional and practical support,the provision of help, including in particular to—access and make use of relevant general services and any relevant specialist services which are available,co-operate and comply with any relevant conditions, court orders, and ongoing judicial or court processes,engagement in release planning in accordance with section 34A.9An individual falls within this subsection if they have been either—aremanded in custody, orbconvicted of offences and sentenced to imprisonment or detention in a penal institution.10The Scottish Ministers may by regulations modify the definition of “support services” in subsection (8).11Regulations under subsection (4)(j)(i) and (10)—amay include incidental, supplementary, consequential, transitional, transitory or saving provision,bmay modify enactments (including this Act).12Regulations—aunder subsection (4)(j)(i)—iwhich add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,iiare otherwise subject to the negative procedure,bunder subsection (10) are subject to the affirmative procedure.34D1Each 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 34C.2The persons are—aeach local authority,beach health board,cSkills Development Scotland,dan integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,ethe Scottish Ministers.3The Scottish Ministers may by regulations modify the list in subsection (2).4Regulations under this section are subject to the affirmative procedure.Ss. 34C, 34D and cross-heading inserted (9.2.2026) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 13(2), 18(2); S.S.I. 2026/24, reg. 2