Post Office: Capture System

Lord Arbuthnot of Edrom Excerpts

Thursday 12th December 2024 Lords Chamber

Asked by

[Lord Arbuthnot of Edrom]

To ask His Majesty’s Government what plans they have to overturn the convictions of sub-postmasters or former Post Office employees convicted in relation to the Capture system.

[The Parliamentary Under-Secretary of State, Department for Business and Trade and Department for Science, Information and Technology (Baroness Jones of Whitchurch) (Lab)]

My Lords, I pay tribute to the important work that the noble Lord has done in campaigning for justice for the postmasters—and indeed his ongoing work on that issue.

We were concerned to learn about the issues outlined in the Kroll report, which related to the Capture system. However, the report did not comment on whether the convictions were unsafe. As the noble Lord will know, the Government are committed to responding to the report, and that response will be published next week. In the meantime, convictions in relation to the Capture software are being reviewed by the Criminal Cases Review Commissions. The UK Government and the Post Office are assisting them with their requests for information, and I encourage all those who believe they have been wrongly convicted to contact the CCRC.

[Lord Arbuthnot of Edrom (Con)]

I am grateful to the Minister for that Answer. It is now clear from the Kroll report that the Minister referred to that the Post Office’s behaviour in relation to the Capture system was just as bad as its behaviour in relation to Horizon. The Horizon Compensation Advisory Board—I declare an interest as a member of it—wrote to the Lord Chancellor in November saying that there was no difference between the Horizon victims and the Capture victims on the question of whether they should have their convictions overturned.

Might the Government consider an alternative approach, which might not offend the understandable concerns of those who do not like the idea of Parliament overturning judicial decisions? Earlier this year the noble and learned Lord, Lord Burnett, who I see in his place, proposed such an alternative arrangement, which involved the judges in an appropriate way. Perhaps we can take the opportunity of reducing the evidential requirements to take a case to the Criminal Cases Review Commission.

[Baroness Jones of Whitchurch (Lab)]

I thank the noble Lord for that. The proposal for the Horizon cases from the noble and learned Lord, Lord Burnett, related to the Lord Chancellor taking a power to refer cases to the Court of Appeal, and putting in place a statutory presumption that any convictions are unsafe unless there is evidence to the contrary. As noble Lords will know, this would represent a significant departure from existing appeals processes, and any further exploration of such an approach would need careful consideration, not just for this case but potentially for others. That is not to say we are dismissing it; it would be under review. I emphasise that, unlike Horizon, we do not yet have evidence that the flaws in the Capture system resulted in wrongful convictions. In fact, the Kroll report is clear on this point, stating:

“Kroll does not provide comment on whether any convictions arising from sub-postmasters using Capture could be considered unsafe”.


Part of the problem with the Kroll report is that because it related to the 1990s it had some difficulty in getting the documentation to assess whether that was the case.