S6W-24398

Asked by: Sweeney, Paul (Scottish Labour - Glasgow)

Question

To ask the Scottish Government whether the Crown Office and Procurator Fiscal Service will communicate with the 73 individuals identified by the Scottish Criminal Cases Review Commission in 2020 who had criminal convictions that were potentially affected by the issues arising from the Post Office’s Horizon computer system in Scotland, and advise them of their options for recourse, in light of reports that only 16 had come forward by the end of 2023 to have their conviction overturned.

Answered by None

As was acknowledged by the Lord Advocate in her statement to Parliament on the 16 th January, any miscarriage of justice that has occurred as a result of the Horizon IT systems requires to be identified and addressed. The Scottish Criminal Case Review Commission (“the SCCRC”) is the independent public body that investigates and reviews alleged miscarriages of justice in Scotland.

The SCCRC was established in 1999. Its role is to review and investigate cases where it is alleged that a miscarriage of justice may have occurred in relation to conviction, sentence or both. Its aim is to investigate all cases efficiently, without undue delay and to a consistently high standard, and to strengthen public confidence in the ability of the Scottish criminal justice system to address miscarriages of justice.

Any person convicted of a criminal offence in Scotland who considers that their conviction was a miscarriage of justice may apply to the SCCRC. The SCCRC is an independent body. It does not represent the prosecution, the defence, the police, the courts or any other part of the criminal justice system. It will consider all applications and review cases to decide whether they should be referred to the High Court to be considered again. The SCCRC will refer all cases to the High Court where it believes that there may have been a miscarriage of justice.

To apply, an individual can complete an application form which should set out the details of the conviction which they believe resulted in a miscarriage of justice. Applications forms can be obtained from the SCCRC or online. An individual may apply directly to the SCCRC and there is no charge or fee for the Commission to review any case.

With the assistance of the Crown Office and Procurator Fiscal Service, the SCCRC has already written to at least 73 individuals. It is however important to recognise the different roles of the Commission and COPFS. The Commission is the proper body to be approaching individuals who may have been impacted by the Horizon IT system. The Crown Office and Procurator Fiscal Service has engaged with the Commission and will continue to do so to support its ongoing work in these cases. I know that anything that can be done to assist and support those who have been affected to come forward will be done to ensure that there is access to justice for all who may be affected.

S6W-25210

Asked by: Findlay, Russell (Scottish Conservative and Unionist Party - West Scotland)

Question

To ask the Scottish Government when (a) officials and (b) ministers first became aware of any concerns regarding the Post Office’s Horizon IT system.

Answered by Constance, Angela - Cabinet Secretary for Justice and Home Affairs

Management of the Post Office is a reserved matter for the UK Government, and the Scottish Government has no role in the investigation of miscarriages of justice, which is a matter for the independent Scottish Criminal Cases Review Commission.

Issues regarding the Post Office’s Horizon IT system were in the public domain from 2009.

The first record the Scottish Government has of any official or minister being made directly aware of any concerns regarding the Post Office’s Horizon IT system, is in an email from a member of the public dated 23 January 2020 addressed to the then First Minister. This email related to calls for a Public Inquiry into the Horizon IT system, a matter which is reserved and falls into the responsibility of the UK Government.

The Scottish Government was first formally made aware of concerns regarding the Post Office’s Horizon IT system by the Scottish Criminal Cases Review Commission (SCCRC) on 2 July 2020, at quarterly sponsorship meeting with Scottish Government officials.

Following this, on 29 September 2020 the then Cabinet Secretary for Justice was made aware by officials in the Scottish Government that the SCCRC intended to write out to 73 people with criminal convictions potentially affected by issues arising from the Post Office’s Horizon computer system, and encouraging all those who may have suffered a miscarriage of justice to make contact with it.

Found: fice (Horizon System) Offences (Scotland) Bill seeks to respond to miscarriages of justice resulting