Scotland’s Justice Secretary has said it is “extremely disappointing” that the law to quash the wrongful conviction of a deputy postmaster involved in the Post Office scandal does not apply north of the border.
The legislation, introduced by the UK government on Wednesday, would exonerate everyone in England and Wales convicted of faulty Horizon accounting software.
Angela Constance has appealed to Westminster, saying it was not too late to change her position.
If it fails to do so, Holyrood has vowed to introduce his own legislation.However, the victim Scotland Justice is likely to face delays as any new laws north of the border will have to wait until the UK bill is passed to ensure compatibility.
‘It’s not too late’
Ms Constance said: “Together with the Northern Ireland Executive, we urge the UK Government to introduce legislation across the UK as the best way to ensure that all affected deputy postmasters receive a speedy, fair and equal solution, particularly within the Post Office The office remains in Westminster, so this news is very disappointing.
“It is not too late for the UK Government to change its position, but if rejection continues we will introduce Scottish legislation to bring justice to all those affected.
“This may need to be passed after the UK Bill is passed to ensure full compatibility with UK legislation and the UK Compensation Scheme, over which the Scottish Government has no jurisdiction, but we will do everything we can as soon as possible.”
Fujitsu’s faulty Horizon IT system led to the prosecution and criminal convictions of more than 700 deputy postmasters across the country, resulting in funds being lost at their branches.
Prosecutions are handled by Crown Scotland offices rather than the Post Office.
Defense lawyer Dorothy Bain KC appeared before MPs in January claiming the Crown Office “Repeatedly Misled” by the Post Office About the Horizon Case.
In 2013, guidance was issued to prosecutors urging them to ensure cases did not rely unduly on Horizon evidence.
In Scotland, some convictions have been overturned – with some deputy postmasters claiming ownership of the Horizon system Continued unexplained shortages.
Rab Thomson, a former deputy postmaster from Clackmannanshire, told Sky News he attempted suicide in 2006 after being wrongly convicted of an apparent shortfall of nearly £6,000.
after him Conviction overturned In January, he said he felt “emotionally exhausted” but was ecstatic that the ordeal was over and would walk with “head held high.”
Woman dies after being convicted of corruption You may also encounter misjudgments.
The Scottish Criminal Cases Review Commission (SCCRC) has referred Karen Lorimer’s case to the High Court of Justice for adjudication.
The SCCRC found that Ms Lorimer entered her guilty plea “under circumstances that were clearly prejudicial or arguably prejudicial to her”.
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Post Office Scandal: New Concerns
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What is the Post Office Scandal?
Chancellor Rishi Sunak said the proposed Post Office (Horizon System) Crime Bill “marks a significant step towards finally clearing the names of hundreds of wronged branch managers whose lives have been “mercilessly torn apart” .
Downing Street said that under the law, convictions in England and Wales will be automatically quashed if they meet the following criteria:
• Prosecuted by the Post Office or the Crown Prosecution Service.
• Crimes related to post office operations committed between 1996 and 2018.
• Whether you have been guilty of related offenses such as theft, fraud and false accounting.
• Objection to the Deputy Postmaster General, his or her employees, officers, family members or direct employees working in a post office using Horizon Systems software.
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“We’re still a long way from completion”
According to No 10, those whose convictions are overturned will receive an interim payment and have the option of accepting a fixed final offer of £600,000 immediately.
The government will also provide “enhanced” financial compensation to postmasters who, while not convicted or taking legal action against the post office, paid out of their own pockets for apparent losses caused by the Horizon system.
Downing Street said they will be entitled to a fixed-amount award of £75,000 through the Horizon gap scheme.
Those who have settled for smaller amounts will receive the maximum level of compensation, while people can choose to have their claims assessed as part of the usual planning process, where there are no limits on compensation.
The government hopes the bill will gain royal assent and become law before MPs go on summer break.
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