The First Minister of Scotland, Humza Yousaf, has written to the UK Prime Minister, Rishi Sunak, (10th January 2024) calling on joint working to ensure a UK-wide approach is taken to exonerate those wrongly convicted of criminal offences as a result of the Post Office Horizon IT system.
The UK Government has announced that a ‘ blanket exoneration’ will be used to overturn the hundreds convictions to take place later this year. Individuals will be entitled to at least £600,000 in compensation. The Group Litigation Order cohort – who did not receive a criminal conviction but paid out considerable sums of money because of the Horizon failures, will receive at least £75,000 in compensation upfront. The Legislation will apply to England and Wales only. Scotland has its own independent Legal System. The UK Government has said that ‘conversations with other UK jurisdictions remain ongoing.’
It has now been two decades since the Post Office started wrongfully accusing Sub Post Masters of mishandling funds.
The letter states :
I am writing to you regarding the Post Office Minister, Kevin Hollinrake MP’s announcement in Parliament today that the UK Government intends to legislate to reverse the convictions of sub-postmasters convicted of criminal offences as a result of the Post Office Horizon IT system.
I welcome this announcement. The Post Office Horizon scandal requires urgent action to ensure those affected by unjust convictions can finally receive justice.
In the course of his statement, the Minister noted that the power to legislate to reverse convictions imposed by the Scottish courts is devolved to the Scottish Parliament but that he is keen to work with the devolved Governments to ensure that sub-postmasters in Scotland and Northern Ireland are not disadvantaged.
Scottish Ministers are keen to work with the UK Government to deal with the impact on sub-postmasters convicted in Scotland, ensuring that a UK-wide approach is taken to exonerate those wrongfully convicted in Scottish courts.
Given the unique circumstances arising from the Post Office Horizon scandal, it is right that normal processes for appeals are set aside to ensure that justice can now be delivered for those whose lives were greatly impacted by their wrongful conviction.
The Cabinet Secretary for Justice and Home Affairs, Angela Constance MSP, will contact her counterpart, the Secretary of State for Justice, to discuss how best to progress work in this area, whether this is by ensuring that the UK legislation will either apply directly in Scotland or by developing separate Scottish legislation to deliver the same effect for Scotland.
I trust that we can work together to ensure that those affected are now able to have their convictions overturned and obtain compensation.
Humza Yousaf
Sir Wyn Williams’ Inquiry, set up in 2020 to look at issues of governance in the Post Office, will continue its vital work and provide a full public record of how this miscarriage of justice was able to take place.
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