Exonerations For Wrongly Convicted Sub-postmasters In Scotland

14th June 2024

Sub-postmasters in Scotland who were wrongly convicted as a result of the Post Office Horizon scandal will be automatically exonerated from today (14 June 2024).

The Post Office (Horizon System) Offences (Scotland) Act received Royal Assent today (13 June 2024) and comes into force tomorrow. The legislation was passed in the Scottish Parliament on 30 May 2024 to deliver justice to victims as swiftly as possible and enable them to access the UK Government financial redress scheme.

Working with the Crown Office, the Scottish Criminal Cases Review Commission and the Post Office, the Scottish Government will notify those affected and ensure police and court records are amended. There is also a route for victims to bring their cases to the attention of Ministers.

Justice Secretary Angela Constance has written an open letter to sub-postmasters setting out next steps.

The Justice Secretary said, "This legislation automatically exonerates sub-postmasters who were convicted of crimes of dishonesty that they did not commit due to the Post Office's faulty Horizon IT system, meaning they are eligible to access the redress scheme.

"Of course, no amount of compensation can fully mend the lives that were torn apart by this miscarriage of justice. I do hope, however, that this legislation goes some way to righting the terrible wrongs of the past.

"I will be writing to those affected to tell them their convictions have been quashed and ensuring court records are changed, so the victims of this scandal can have their good names restored as quickly as possible. They have already waited too long for justice."

The Post Office (Horizon System) Offences (Scotland) Act automatically exonerates convicted sub-postmasters where 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

Those who meet the criteria and whose appeals were refused in the High Court will also be exonerated.

Post Office Horizon scandal: Justice Secretary's open letter to postmasters - https://www.gov.scot/publications/post-office-horizon-scandal-open-letter-postmasters/

From: Justice Secretary Angela Constance

To: Postmasters

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.

On 14 June 2024, convictions are quashed if they meet the criteria set out in the Act.

In summary you are eligible if:

your conviction(s) took place in Scotland before that date
offences were carried out in connection with Post Office business between 23 September 1996 and 31 December 2018 (either wholly or partly within that period)
your conviction(s) were for relevant offences such as embezzlement, theft, fraud or uttering
offences were committed in connection with carrying on a post office business or working in a Post Office that used the Horizon system software
Updating court and criminal records

At this stage you do not need to take any further action. We are working to identify individuals in Scotland whose convictions have been quashed by the Act, and will write to them in the coming weeks to inform them of the quashing of their convictions.

We will then provide details of convictions to the Scottish Courts & Tribunal Service (SCTS) and Police Scotland, and those agencies will amend court and police records to reflect the changes brought about by the legislation.

Claiming financial redress

If you have had your convictions quashed under this legislation you will be entitled to financial redress through a scheme being established by the UK Government, which we understand will be in place by the summer. Further information on how you can register for this scheme will be provided in due course.

When you should contact us

We will provide further updates on progress but expect that most relevant convictions will have been identified and letters sent by the end of July. If you have not heard from us by the beginning of August, we would encourage you to contact us directly to ensure that your conviction has been considered.

Sub-postmasters can make the Scottish Government aware of any convictions by emailing PostOfficeConvictions@gov.scot or by writing to:

Post Office Convictions
Room GW14
Saint Andrew's House
1 Regent Road
Edinburgh
EH1 3DG