Clackmannanshire Council Online

Throughcare and Voluntary Throughcare (Leaving Prison)

Throughcare and Voluntary Throughcare (Leaving Prison)

Throughcare is support provided to people during their time in prison and after release.

The aim of throughcare is to

• help people prepare for release
• support safe resettlement in the community
• reduce the risk of reoffending
• protect victims and communities
• improve long term outcomes for individuals and families

Support can be:

• Statutory throughcare
  • where supervision is required by law
• Voluntary throughcare
  • where support is offered but not compulsory

Statutory throughcare

You will automatically receive throughcare support if you are

• serving a custodial sentence of 12 months or more; or
• subject to statutory supervision on release (for example, a Supervised Release Order, Extended Sentence, Parole Licence or other licence condition).

In these cases, supervision after release is required by law.

Statutory supervision depends on

• length of sentence
• type of offence
• court or parole board decisions

If you are unsure what applies to you, speak to your prison social worker or supervising officer.

Voluntary throughcare

You may be eligible for voluntary throughcare if you are

• serving a custodial sentence of less than 12 months; or
• due for release from prison and not subject to statutory supervision; or
• recently released from custody and seeking support to resettle.

Voluntary throughcare is available for up to 12 months following release. You must agree to engage with the service, as it is not compulsory.

For further information and support around through care and voluntary throughcare, you can access the community directory or the Community Interventions and Support Directory - Community Justice Scotland.

Throughcare Supervision

If you are released from prison on a statutory licence or supervision order, you will be supervised by a justice social worker in the community.

What supervision means in practice

If you are released on licence or subject to a supervision order, you must

• attend regular appointments with your supervising social worker
• live at an approved address
• inform your social worker of any changes in circumstances (for example, employment or relationships)
• comply with any additional licence conditions set by the Court or Parole Board
• not commit any further offences

You may also be required to

• attend treatment or groupwork programmes
• avoid specific individuals or locations
• follow curfew or movement restrictions
• engage with addiction, mental health or behavioural support services

Your supervising social worker will work with you to

• agree a support and supervision plan
• identify risks and needs
• set realistic goals
• monitor progress

Supervision conditions are legally enforceable. If you breach your licence or supervision order, you may be returned to court or recalled to prison.

Types of licence and supervision

Depending on your sentence, you may be subject to:

• Supervised Release Order (SRO)
  • The Court can order compulsory supervision after release for certain custodial sentences (usually under 4 years) to help prevent serious harm.
• Short-Term Sex Offender Licence
  • People convicted of certain sexual offences and sentenced to between six and four years in custody are subject to mandatory supervision arrangements from the date of release (usually at the half-way point) until the end date of their sentence.
• Parole Licence
  • Any person serving a sentence of 4 years or over (but excluding life) can ask the parole board to be considered for release on licence after serving half of the sentence. The parole board has to consider the risk that the offender may pose and whether these risks can be managed in the community. The parole board will consider reports from justice social workers, prison based social workers, prison officers and police etc. Failure to comply with the licence can result in recall to prison for the remainder of the sentence.
• Non-parole Licence
  • If parole is not granted, you may be automatically released before the end of your sentence and supervised under licence conditions until the sentence expiry date.
• Extended Sentence
  • For certain violent or sexual offences, the court may impose an additional supervision period after release. Any person sentenced in the High Court for a violent or sexual offence, and in the Sheriff Court for a sexual offence, can be ordered by the court to be under 'extended supervision' following release. The period of extension can be up to 5 years in the Sheriff Court and ten years in the High Court. Failure to comply with the licence can result in recall to prison to serve the remainder of the extended sentence.
• Life Licence
  • If you are serving a life sentence, you will remain on licence for life. You must comply with supervision conditions indefinitely and may be recalled if conditions are breached.
• Order for Lifelong Restriction
  • Is a sentence that can be imposed by a judge of the High Court of Justiciary of Scotland on serious violent or sexual offenders in Scotland. Such an order is an indeterminate sentence that will see the convicted person subject to indefinite imprisonment and supervision by electronic monitoring for the rest of their lives. A convicted person will only be released on licence where it is determined that the risk posed to the community can be correctly and safely managed.

Voluntary Throughcare

If you are not subject to statutory supervision (for example, if you served a short sentence), you can still request voluntary support.

Voluntary throughcare can help with

• housing
• benefits and finances
• addiction recovery
• mental health support
• employment or training
• reconnecting with family

This support is not compulsory and can continue for up to 12 months after release.

Integrated Case Management (ICM)

ICM is the joint planning process between:

• Scottish Prison Service (SPS)
• Justice Social Work
• Other relevant agencies (for example, housing, health, addiction services)

ICM applies to people who

• are serving a sentence of 4 years or more
• are subject to statutory supervision on release
• are subject to the notification requirements of the Sexual Offences Act 2003
• are serving a supervised release order or extended sentence

What ICM involves

ICM ensures that planning for release starts well before you leave prison.

It includes

• regular multi-agency case conferences while in prison
• structured risk assessment using nationally approved tools
• planning for supervision arrangements in the community
• identifying accommodation, health, substance use and support needs
• information sharing between prison and community services

If someone is being released on statutory supervision, they will normally be released on a Supervision Licence and supervised by a justice social worker.

The aim of ICM is to

• ensure continuity of care between prison and the community
• reduce the risk of reoffending
• improve public safety
• support successful reintegration

Individuals are normally involved in ICM case conferences and have the opportunity to contribute to their release plan.

What happens if conditions are breached?

If you do not comply with your supervision or licence conditions:

• Your social worker will assess the level of concern
• A warning may be issued in some cases
• More serious breaches can be reported to the Parole Board or Scottish Government
• You may be recalled to prison

Breaches are taken seriously, particularly where there is a risk of harm.

If you are in prison:

• You will meet a prison based social worker
• Your release plan will be discussed
• If required, supervision arrangements will be confirmed
• Referrals to housing, health, addiction or employment services may be made before release.

If you are being released on licence:

• You will be told your licence conditions
• You must attend appointments as instructed
• Your supervising social worker will support and monitor compliance

If you want voluntary support:

• Speak to your prison social worker before release
• Contact justice social work after release