against the conviction
The Scottish government has announced plans for new legislation that will exonerate sub-postmasters wrongly convicted as a result of the faulty Horizon IT system. The proposed Post Office (Horizon System) Offences (Scotland) Bill will provide justice and redress for those who have had their lives ruined by being wrongly convicted of offences of dishonesty.
According to Justice Secretary Angela Constance, the bill will be introduced to the Scottish parliament on Tuesday and will be expedited to ensure that justice is delivered to victims as swiftly as possible. This is in line with the UK government’s Post Office (Horizon System) Offences Bill, which unfortunately did not extend to cover sub-postmasters in Scotland.
Around 100 sub-postmasters in Scotland were among those convicted after being falsely accused of embezzling money. These prosecutions were handled by the Crown Office in Scotland, not the Post Office.
Constance stated that the quickest and easiest way to overturn these miscarriages of justice would have been for the UK government to extend their bill to cover sub-postmasters in Scotland. However, their repeated requests were refused. As a result, the Scottish bill mirrors the UK legislation to ensure parity for affected sub-postmasters in Scotland and to give them access to the UK government’s compensation scheme.
Given the scale of the scandal and the length of time that the victims have waited for justice, the Scottish government is taking an unprecedented step by introducing this legislation as an emergency bill. The stage one debate and vote on the general principles is expected to take place on 21 May, with the stage two amendments being considered on 22 May.
Constance also assured that the Scottish government will not do anything to jeopardize equality and parity for victims. Therefore, the final stage of the bill cannot be considered in the Scottish parliament until after the UK legislation has been passed. This will allow MSPs to take into account any amendments made to the UK bill.
The proposed legislation will exonerate convicted sub-postmasters if the following criteria are met:
– The conviction was for embezzlement, fraud, theft, uttering, or an ancillary offence committed between 23 September 1996 and 31 December 2018
– The person was carrying on a Post Office business, or working in a Post Office for the purpose of a Post Office business
– The conviction was in connection with carrying on, or working for the purpose of the Post Office business
– The Horizon system was being used for the purposes of the Post Office business in the relevant Post Office
– The conviction has not been considered by the High Court in connection with an appeal against the conviction
This legislation aims to bring justice and closure to those who have been wrongly convicted and to hold the Post Office accountable for their role in this scandal.
