Post Office statement on historical convictions

The Post Office has today, Thursday 23 December, formally responded to the Court of Appeal regarding two cases, from 2003 and 2005, seeking permission to appeal convictions in Post Office prosecutions.

Post Office is not opposing the application in one case and in the other has submitted that there is currently insufficient material to assist the Court as to whether or not the reliability of Horizon was essential to the prosecution.

A Post Office spokesperson said:

“Post Office is continuing to take determined action to fairly address miscarriages of justice.

“We are making strenuous efforts to contact and assist people with potentially relevant historical convictions to appeal if they wish.”

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

Post Office has been contacting individuals with convictions that may be affected and is conducting an extensive post-conviction disclosure exercise to identify and disclose all material which might affect the safety of those convictions.

To date, 72 convictions have been overturned by the Courts in unopposed appeals. This includes one case in which the CPS acted as prosecutor, not Post Office. Five opposed appeals have been determined to date by the Court of Appeal (three in which the Post Office acted as prosecutor and two CPS prosecutions), 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.

Following funding support from Government last month, Post Office has expedited interim payments of up to £100,000, in advance of final compensation, for individuals whose convictions have been overturned where Horizon evidence was essential to the prosecution. Post Office is working with Government to finalise the arrangements that will enable final settlements.

Notes to editors

• Post Office stopped prosecuting in 2015. Cases related to Horizon computer evidence effectively ceased in 2013, although two cases prosecuted in 2015 relied on Horizon data.
• 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.
• Post Office’s post-conviction disclosure exercise, by external criminal law specialists Peters & Peters, has examined around 4.5 million documents and thousands of physical and electronic sources have been interrogated. 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.