Post Office (Horizon System) Offences (Scotland) Act 2024 implementation: statutory report

3. Partnership Working and Stakeholder Engagement

The duties placed by the Act on the Scottish Government – to take all reasonable steps to identify and notify quashed convictions – required access to detailed criminal case information. As the Scottish Government is not directly involved in the day-to-day operation of the criminal justice system, fulfilling these responsibilities necessitated close collaboration with justice agencies. This need for joint working was clearly acknowledged during the Bill’s consideration in the Scottish Parliament.

Each of the agencies listed below worked in collaboration with the Scottish Government, which was instrumental in enabling the delivery of the duties set out in the Act.

3.1 Scottish Criminal Cases Review Commission (SCCRC)

The Scottish Criminal Cases Review Commission (SCCRC) is an independent body tasked with investigating potential miscarriages of justice within the criminal justice system. Where a person claims to have suffered a miscarriage of justice and the period within which they could lodge an appeal against conviction or sentence has elapsed, they can apply to the SCCRC to have their conviction or sentence reviewed. If the SCCRC conclude that a miscarriage of justice may have occurred and it is in the interests of justice to do so, the case will be referred back to the High Court for a fresh appeal. The SCCRC operates under a strict non-disclosure framework, meaning information about individual cases can only be shared where explicitly permitted by law.

Prior to the passage of the Act, the SCCRC had undertaken work to proactively identify and contact individuals who may have been wrongfully convicted of criminal offences on the basis of defective Post Office Horizon evidence.

In August 2024, the Scottish Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2024^[4] was laid in the Scottish Parliament by the Scottish Government. The effect of the Order was to specify additional circumstances in which a member or employee of the SCCRC may disclose information, or authorise the disclosure of information, obtained by the Commission without committing an offence in terms of section 194J(3) of the Criminal Procedure (Scotland) Act 1995^[5]. Specifically, the Order permits the disclosure of such information if it is disclosed in response to a requirement under the Act in terms of the Scottish Government seeking information in relation to criminal cases.

The coming into force of the Order enabled the provision of appropriate case-specific information to the Scottish Government. A data sharing agreement (DSA) was put in place to help facilitate transfer of information. The Scottish Government shared information with the SCCRC on cases where convictions subsequently were identified as quashed to aid the SCCRC in terms of operating their statutory functions to investigate miscarriages of justice under the Criminal Procedure (Scotland) Act 1995 by understanding where convictions had been identified as quashed.

3.2 Crown Office and Procurator Fiscal Service (COPFS)

The Crown Office and Procurator Fiscal Service (COPFS) serves as Scotland’s public prosecution authority and death investigation authority. To support the Scottish Government in fulfilling its duties under the Act, a DSA was established between COPFS and the Scottish Government, which allowed the provision of appropriate case-specific information to the Scottish Government. It also enabled the Scottish Government to share information with the COPFS on cases where convictions subsequently were identified as quashed.

3.3 Scottish Courts and Tribunals Service (SCTS)

The Scottish Courts and Tribunals Service (SCTS) plays a central role in supporting the justice system. Their statutory function is to provide administrative support to the judiciary, courts, devolved tribunals, and the Office of the Public Guardian. To enable the Scottish Government to meet its obligations under the Act, a DSA was established between SCTS and the Scottish Government, which allowed the provision of appropriate case-specific information to the Scottish Government. It also enabled the Scottish Government to share information with SCTS on cases where convictions subsequently were identified as quashed so that SCTS could update relevant records with this information.

3.4 Police Scotland (PS)

Police Scotland is the national police service responsible for maintaining public safety and wellbeing across Scotland’s communities, places, and individuals. To enable the Scottish Government to meet its obligations under the Act, a DSA was established between Police Scotland and the Scottish Government, which allowed the provision of appropriate case-specific information to the Scottish Government. It also enabled the Scottish Government to share information with Police Scotland on cases where convictions and alternatives to prosecution were subsequently identified as quashed so that Police Scotland could update relevant records – including the Criminal History System – with this information.

3.5 Post Office Limited (POL)

Post Office Limited are responsible for the operation of the network of post office branches, and are the organisation that introduced the use of Horizon into post offices across the UK. In Scotland, prior to the passage of the Act, the counters business also known as Post Office Limited held the status of Specialist Reporting Agency (SRA). This meant that it could report alleged crimes directly to COPFS. To enable the Scottish Government to meet its obligations under the Act, a DSA was established between Post Office Limited and the Scottish Government. This allowed the provision of appropriate information to the Scottish Government, with a particular focus on information relating to the use of Horizon within individual post office locations on a case specific basis.

3.6 Royal Mail Group Limited (RMGL)

Prior to 2012, the Post Office Limited was a subsidiary of the RMGL. After the passage of the Postal Services Act 2011^[6], in 2012, what can be described as the counters business Post Office Limited separated from RMGL, prior to the latter’s privatisation in 2013^[7]. However, RMGL were not involved in the administration of post offices even when Post Office Limited was its subsidiary, and their responsibility was the delivery of letters and parcels.

Nonetheless, on occasion, information about cases has involved co-located premises e.g. a post office and, say, a delivery centre or a sorting office. RMGL were on occasion involved in investigations of offences where they spanned across both post office and non-post office locations.

To enable the Scottish Government to meet its obligations under the Act, a DSA was established between Royal Mail Group and the Scottish Government, which allowed the provision of appropriate case-specific information to the Scottish Government.

3.7 National Federation of Sub-Postmasters (NFSP)

Alongside agencies and organisations, the Scottish Government engaged with stakeholders representing those directly impacted by the Horizon scandal.

The Scottish Government established a good working relationship with the National Federation of Sub-Postmasters (NFSP), who are working directly with sub-postmasters to address the harms caused by the Post Office. NFSP launched a support group in Scotland called Scottish Postmasters for Justice and Redress (SPJR), with one of the key priorities of the group being to raise awareness that via the Post Office (Horizon System) Offences (Scotland) Act 2024, the victims of this miscarriage of justice may be able to have their conviction quashed.