Between 1999 and 2015, more than 700 operators were wrongfully prosecuted
According to a report by the International Bar Association, the UK government has proposed legislation aimed at overturning the convictions of hundreds of former Post Office operators, marking a significant step towards rectifying what has been described as the most extensive miscarriage of justice in UK history.
Between 1999 and 2015, more than 700 operators were wrongfully prosecuted based on evidence from the flawed Horizon IT accounting system. A High Court judge in December 2019 found that the Horizon system, deployed by the Post Office since 1999, was riddled with “bugs, errors, and defects,” leading to a “material risk” that these faults were responsible for the financial discrepancies that formed the basis of numerous convictions.
Despite a long-standing campaign for justice and the reversal of 95 convictions by 15 January 2024, it was a television drama that recently reignited public and governmental attention to the plight of the affected sub-postmasters. Following the broadcast, the government announced plans to pass legislation to exonerate all those wrongfully prosecuted, a move that has been both welcomed and critiqued for its potential implications on the separation of powers within the UK's legal system.
Sarah Hutchinson, Co-Chair of the International Bar Association (IBA) Rule of Law Forum, expressed concerns over the executive, legislature, and judiciary balance. She highlighted the necessity of swift action in this case due to the victims' urgent need for justice, attributing the delays in the review process to chronic underfunding of the justice system and the Criminal Cases Review Commission (CCRC), the body responsible for investigating potential miscarriages of justice.
The CCRC, facing budget cuts and increased workload, has struggled to promptly address the influx of cases, including those related to the Post Office scandal. Despite these challenges, the commission continues to encourage former sub-postmasters to seek appeals, emphasizing the need for adequate resources to fulfill its mandate effectively.
Experts, including Richard Moorhead, a professor of law and professional ethics and member of the Horizon Compensation Advisory Board, argue that the proposed blanket legislation is necessary to address the sheer volume of affected cases efficiently.
The legislation will apply only to England and Wales, with discussions ongoing for similar measures in Scotland and Northern Ireland. The Post Office intends to await further details of the proposal while continuing efforts to identify and assist those wrongfully prosecuted.
As the government works to finalize the legislation, there is a call for clear communication to affirm the exceptional nature of this intervention and its respect for judicial independence. Meanwhile, a public inquiry into the scandal, led by retired High Court judge Sir Wyn Williams, continues, with conclusions anticipated by the end of September 2024. Fujitsu, the company behind the Horizon system, has pledged full cooperation with the inquiry and any subsequent actions deemed necessary.
