Post Office Horizon cases: letters to UK Government

Post Office Horizon letter: 9 January 2024

To: Alex Chalk KC MP, Lord Chancellor & Secretary of State for Justice
From: Angela Constance, Cabinet Secretary for Justice and Home Affairs

Miscarriages of justice relating to Post Officer Horizon IT system

I am writing to you in connection with the above.  You will of course be aware that the impact of the Horizon Scandal is causing great concern and this rightly includes concern that every effort should be made to ensure that those who were wrongfully convicted can have their convictions reversed promptly and receive the compensation that they are entitled to.

I am aware that the Post Office Minister, Kevin Hollinrake MP stated in Parliament on 8 January that the UK Government is investigating how those who were wrongfully convicted because of faults in the Post Office Horizon IT system can have those convictions overturned more quickly and that one of the options being considered is passing legislation to reverse those convictions without the need for the Appeal Court to consider each case individually.

The Scottish Parliament has devolved responsibility for the law concerning alleged miscarriages of justice occurring in Scotland and we are considering whether legislation should be introduced in the Scottish Parliament to reverse the convictions of those affected without the need for each case to go before the Appeal Court.

However, I am aware that as it currently stands, in order for a person who was wrongfully convicted of criminal offences as a result of the Horizon IT system to claim compensation, it is required that they must either have had their conviction reversed on appeal by the Appeal Court or else that they were one of the Group Litigation Claimants who settled with the Post Office in April 2019.  

It is of course vitally important that any steps taken by the Scottish Parliament to address this issue do not inadvertently affect the ability of those who were wrongfully convicted to claim compensation and for this reason, I would be keen to meet with you as soon as is practical to discuss the approach to be taken to this matter.