Post Office statement on appeals

The Court of Appeal today formally overturned seven convictions in appeals uncontested by Post Office. The cases, from between 2008 and 2013, relate to convictions in Crown Courts in which Post Office acted as prosecutor. Applications for permission to appeal were made to the Court of Appeal earlier this year.

The Court will provide written Judgment at a later date.

A Post Office spokesperson said:

“Post Office is extremely sorry for historical failures and the impact on the lives of people affected.

“Whilst we cannot change the past, we have taken determined action to ensure there is appropriate redress.

“Ahead of final compensation, we are expediting offers of interim payments of up to £100,000 to people whose convictions have been overturned where the reliability of Horizon data was essential to the prosecution.

“We have also undertaken wholesale reforms to prevent such events ever happening again.”

Fundamental reform

Over the past two years, Post Office has undertaken a programme of significant changes to the ways in which it works with postmasters and branch managers.

Two Non-Executive Director Postmasters have been elected by other postmasters to sit on the Post Office Board, to influence strategy and ensure the business’s direction is rooted in the reality of postmaster business experience. A current postmaster has also been appointed to a new Director role leading on postmaster engagement.

Significant operational improvements have continued, based on postmaster and branch staff feedback, in every part of the business from initial appointment and training through to daily transactions accounting. Changes include:

• Comprehensive reviews of key operational processes, with resulting improvements implemented
  
  
• Design changes to Horizon, in collaboration with postmasters and branch staff to improve transacting and accounting for them
• Improved support to postmasters and branch staff to help investigate any discrepancies more quickly, with a new process for any disputes and which includes the services of a decision review panel if needed.
• Introduction of a new online ‘branch hub’ facility which postmasters and branch staff can access on any device. It provides easy and convenient access to information, services and business support from Post Office.
• Regular events for postmasters and branch managers, with senior Post Office managers, as part of forging an open, transparent business to business relationship. There are now hundreds of events a year. More than 1500 postmasters and branch managers have attended 93 events in the past few months alone.
• The introduction of a range of comprehensive new guides, designed together with postmasters and branch staff, covering all aspects of day-to-day running of a branch

Note to editors:

Post Office ceased private prosecutions of cases related to Horizon in 2015. To date, a total of 72 convictions have been overturned by the Courts in unopposed appeals, including one acquittal on 18 November 2021 at Southwark Crown Court in which the Crown Prosecution Service (CPS) acted as prosecutor, not Post Office.

Three appeals opposed by Post Office have been determined to date by the Court of Appeal, which upheld the safety of those convictions. In determining the safety of convictions, the Court of Appeal has distinguished between what it has termed ‘Horizon cases’ - those where the reliability of Horizon data was essential to the prosecution and conviction – and those which are not.

Appeals of historical cases in which Post Office acted as prosecutor began in 2020 with referrals by the Criminal Cases Review Commission (CCRC). The appeals followed the ‘Horizon Issues’ Judgment in group civil litigation in December 2019.

As part of an extensive post-conviction disclosure exercise, established in January 2020, Post Office has been contacting people with relevant convictions.

The exercise was undertaken by external criminal law specialists Peters & Peters. Around 4.5 million documents have been examined and thousands of physical and electronic sources have been interrogated to identify and disclose all material which might affect the safety of convictions. In addition, Peters & Peters liaised with a number of third parties including Fujitsu Services Limited, Royal Mail Group, the Courts, the CCRC and approximately 50 law firms and agents historically instructed by Post Office to obtain material relevant to the convictions.

Appeals arising from convictions in Magistrates’ Courts must be appealed to the Crown Court. To date such appeals have been heard by Southwark Crown Court. Convictions in Crown Courts are heard by the Court of Appeal (Criminal Division).

People who have not previously appealed and were convicted in a Crown Court or convicted in a Magistrates’ Court after pleading not guilty, can appeal in the normal way, seeking leave from the court where necessary.

If people have previously tried to appeal and failed, or pleaded guilty in a Magistrates’ Court, they can apply to the CCRC.