Question reference: S6W-25622
- Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
- Date lodged: 4 March 2024
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Current status: Answered by Angela Constance on 18 March 2024
Question
To ask the Scottish Government, in relation to the potential issues arising from the Post Office’s Horizon computer system in Scotland, what its response is to the reported comments by the Lady Chief Justice of England and Wales regarding the use of legislation to quash wrongful convictions of sub-postmasters and mistresses that were based on Horizon evidence, and her suggestion of an “expedited process” whereby such convictions may be quashed in a matter weeks, including whether it would support such an expedited process for cases in Scotland.
Answer
The Scottish Government is aware of the reported comments by the Lady Chief Justice of England and Wales.
Any expedited process for hearing appeals is a matter for the judiciary, who are independent of Scottish Ministers. This process would also only be able to consider those cases which have been referred back to the courts and would not be able to address, for example, any cases where consideration by the Scottish Criminal Cases Review Commission has been delayed by difficulties in obtaining timely information from the Post Office, or where no person has approached the Commission for their case to be reassessed.
Given that the UK Government has introduced legislation for England & Wales the Scottish Government plan to ensure, insofar as possible, equal treatment for Scottish sub-postmasters. Any Scottish solution will need to be compatible with both the proposed UK Government legislation and the UK compensation scheme in which the Scottish Government has no locus.