Scottish Ministers have set 9 February 2026 as the commencement date for section 13 (throughcare support) of the Bail and Release from Custody (Scotland) Act 2023. The measure is made by the Bail and Release from Custody (Scotland) Act 2023 (Commencement No. 3) Regulations 2026 (SSI 2026/24).
Section 13 amends the Community Justice (Scotland) Act 2016 by inserting new sections 34C and 34D dealing with throughcare support. From the appointed day, throughcare support sits on a statutory footing within the community justice framework established by the 2016 Act.
According to the instrument, the Regulations were made on 22 January 2026, laid before the Scottish Parliament on 26 January 2026, and come into force on 9 February 2026. The Regulations are signed by Angela Constance on behalf of the Scottish Government.
The text is intentionally concise. Regulation 1 provides citation and commencement; regulation 2 appoints the day for section 13 to come into force. No additional transitional or saving provisions are set out in the published text.
The commencement date falls within the 2025/26 financial year, meaning the new statutory provisions will take effect before year‑end. For community justice partners and service providers, the change confirms the legal basis for throughcare support associated with release from custody.
In practical terms, commencement enables local partnerships to align strategies, service documentation and performance arrangements with the statutory provisions from 9 February 2026. The detail of obligations and scope will be read directly from inserted sections 34C and 34D of the 2016 Act.
By way of context, the Bail and Release from Custody (Scotland) Act 2023 received Royal Assent on 1 August 2023. Sections 6, 7 and 15 to 19 came into force on 2 August 2023, with this instrument representing the third set of commencement regulations for the Act.
Practitioners should read SSI 2026/24 alongside the 2023 Act and the Community Justice (Scotland) Act 2016 to understand how throughcare support is embedded in statute from 9 February 2026. Policy Wire will continue to monitor subsequent commencement steps under the 2023 Act.