Exonerations for Wrongly Convicted Sub-Postmasters at last! – Scottish Business News

Scottish legal news is dominated today by the enactment of the Post Office (Horizon System) Offences (Scotland) Act 2024. This legislation, which received Royal Assent on June 13, 2024, aims to deliver justice to the victims of one of the most significant miscarriages of justice in British legal history. The Horizon IT system, introduced by the Post Office in 1999, was plagued with bugs and errors that led to false accusations of theft, fraud, and false accounting against sub-postmasters. Many were prosecuted and convicted based on erroneous data generated by the system. The miscarriage ruined the lives of many, it caused financial ruin, loss of reputation, and severe personal distress.

Key Provisions of the Act

The Post Office (Horizon System) Offences (Scotland) Act 2024 automatically quashes the convictions of sub-postmasters who were wrongfully convicted between September 23, 1996, and December 31, 2018. The Act ensures that these individuals are eligible for financial compensation through a scheme established by the UK Government. The Scottish Government, in collaboration with the Crown Office, the Scottish Criminal Cases Review Commission (SCCRC), and the Post Office, will notify those affected and ensure that police and court records are amended to reflect the quashing of convictions.

Government and Legal Perspectives

Justice Secretary Angela Constance has been a vocal advocate for the victims, emphasizing the need for swift justice and compensation. In an open letter to sub-postmasters, she said:

“The Horizon IT Scandal represents an unprecedented miscarriage of justice. Many of you have been profoundly impacted by it. The impact has not just been financial, we know that many of you lost your home and businesses and were made bankrupt. We are also aware of the toll it took on your mental and physical health.

The Scottish Government is clear that anyone wrongly convicted as a result of the defective Horizon IT system should have their conviction quashed, and as a result be entitled to UK Government compensation. This is why we introduced the Post Offence (Horizon System) Offences (Scotland) Bill, and why the Scottish Parliament acted to make sure it was passed quickly.

Whilst we cannot ever fully remedy the hurt and harm that have been caused, the Parliament’s decision clears your names and ensures swift access to the financial redress that you deserve.”

Constance acknowledged that no amount of compensation could fully mend the lives torn apart by this miscarriage. She stressed the importance of restoring the good names of those affected as quickly as possible.

Impact and Implementation

The Act’s implementation marks a significant milestone in addressing the injustices caused by the Horizon scandal. As of March 2024, 19 individuals in Scotland had come forward to request a review of their convictions, with seven cases already dismissed. The Scottish Government is working diligently to identify all relevant convictions and ensure that those affected are informed and compensated.

A Fuller Analysis

The Horizon scandal has been described as the most widespread miscarriage of justice in British legal history, affecting hundreds of sub-postmasters across the UK. The faulty IT system led to numerous wrongful convictions, with many sub-postmasters facing financial ruin and severe personal distress. The UK Government has introduced similar legislation to exonerate victims in England and Wales, and the Scottish Government’s Act ensures parity for affected sub-postmasters in Scotland. The public inquiry into the Horizon scandal continues, with a focus on understanding the failures that led to these wrongful convictions and ensuring that such a miscarriage of justice does not occur again. The inquiry has highlighted the need for greater transparency and accountability in the use of IT systems in public services.

For more information on the Horizon scandal and the steps being taken to address it, please visit the Scottish Government’s official website or contact the Post Office Convictions team at PostOfficeConvictions@gov.scot.

Additional Information

Background on the Horizon Scandal

The Horizon IT system, developed by Fujitsu and introduced by the Post Office in 1999, was intended to standardize accounting practices across the UK post office network. However, the system was flawed, leading to unexplained accounting shortfalls that were wrongly attributed to sub-postmasters. Despite numerous complaints and evidence of system errors, the Post Office continued to prosecute sub-postmasters, resulting in over 900 wrongful convictions.

Legal and Governmental Responses

The UK Government has taken significant steps to address the injustices caused by the Horizon scandal. In addition to the Scottish legislation, the Post Office (Horizon System) Offences Bill was introduced in England and Wales, providing similar provisions for the automatic quashing of convictions and access to financial compensation. The public inquiry into the scandal continues to uncover the extent of the failures and the impact on the victims.

Compensation and Redress

Victims of the Horizon scandal are entitled to financial compensation through a scheme established by the UK Government. Those whose convictions are quashed can receive an interim payment or opt for a fixed and final offer of £600,000. The compensation scheme aims to provide fair and full redress to help rebuild the lives of those affected.

Ongoing Public Inquiry

The public inquiry into the Horizon scandal, which began in 2021, continues to investigate the failures that led to the wrongful convictions. The inquiry has heard evidence from Post Office and Fujitsu employees, as well as from the victims themselves. The findings of the inquiry will be crucial in ensuring that similar miscarriages of justice do not occur in the future.