From Monday 9 February 2026, Scotland will switch on new legal duties around throughcare support for people in custody and on release, after ministers signed the Commencement No. 3 Regulations and laid them at Holyrood today. The instrument is signed by Angela Constance. ([]())

Section 13 of the Bail and Release from Custody (Scotland) Act 2023 inserts new sections 34C and 34D into the Community Justice (Scotland) Act 2016. In plain terms, it hardwires throughcare support into statute for people remanded or serving short sentences, from prison entry through to life back in the community. (legislation.gov.uk)

Ministers must publish national throughcare standards within two years of commencement and put them out for at least 12 weeks of public consultation first. A duty to comply with those standards will fall on local authorities, health boards, integration joint boards, Skills Development Scotland and ministers themselves. (legislation.gov.uk)

As Cabinet Secretary Angela Constance told MSPs when the Bill passed in 2023: “For the first time, there will be statutory throughcare standards.” The aim, she said, is to reduce reoffending and make communities safer. (parliament.scot)

For readers in the North of England, the practical picture matters. Families often live either side of the Tweed or the Solway. While the new duty sits firmly with Scottish bodies, coordination on housing, health care and recovery support still needs tidy referral routes when someone released from a Scottish prison settles south of the border.

Capacity will be tested this winter and spring. Scotland’s emergency early‑release regulations schedule staged releases in late January, late February, late March and late April 2026, a timetable that third‑sector providers say requires tight planning. (legislation.gov.uk)

A new national voluntary throughcare service, Upside, launched on 1 April 2025 with Scottish Government backing of £5.3m over three years. Delivered by a partnership including Sacro, Barnardo’s, Turning Point Scotland and others, Upside is designed to offer consistent gate‑to‑community support across the prison estate. (gov.scot)

“We will have someone there at the gate,” an Upside worker said at launch, underlining the focus on immediate needs like safe accommodation, medication and benefits on day one. (upside.scot)

What will standards likely look like? The Act requires minimum standards and outcomes for all throughcare providers, with ministers consulting Community Justice Scotland, local authorities, health boards, Police Scotland, the Risk Management Authority, third sector groups and others before signing them off. (legislation.gov.uk)

On timing, the clock starts on 9 February 2026: ministers have up to two years to publish the first standards following a 12‑week consultation, and named bodies will then be under a duty to comply. Expect a draft for public comment before the end of this year if officials want breathing room for implementation. (legislation.gov.uk)

For border communities from Carlisle to Berwick‑upon‑Tweed, the test will be how neatly Scottish services link with councils, NHS integrated care systems and charities on our side when people move home. The policy is Scotland’s, but its success will be felt across the North if it keeps more families stable and reduces repeat offending.