Prime Minister Rishi Sunak has announced plans for new legislation to clear the names of subpostmasters wrongfully convicted because of faulty accounting software.
Mr Sunak said the Horizon scandal was “one of the greatest miscarriages of justice in our nation’s history”.
– What is Horizon?
The Horizon IT system, developed by Japanese company Fujitsu and rolled out from 1999, automated accounts after subpostmasters entered their sales figures via a touchscreen.
– What problems were being caused by Horizon?
Subpostmasters started experiencing unexplained shortfalls in their accounts, and were liable for losses under their contract with the Post Office.
– What happened to subpostmasters who could not pay the money back?
More than 900 subpostmasters were convicted of offences such as theft and false accounting – with many sent to prison or bankrupted.
– When were the shortfalls attributed to the faulty computer software rather than subpostmasters?
In December 2019, a High Court judge ruled that Horizon contained a number of “bugs, errors and defects” and there was a “material risk” that shortfalls in Post Office branch accounts were caused by the system.
– So what has happened now?
The Government will introduce new legislation to exonerate those convicted in England and Wales. Downing Street said the Bill would be introduced within weeks with the ambition of clearing people’s names by the end of the year.
– Why is the Government taking this step?
Ministers have decided the scale of the scandal is so great that the usual process of individuals going through the courts would take too long – so far just 95 convictions have been overturned.
– This seems unusual though?
It is, and it raises constitutional questions about the separation between Parliament and the courts. But postal affairs minister Kevin Hollinrake said it should not be seen as a criticism of the judiciary, whose decisions were “taken in good faith” based on the understanding that prosecutions were properly conducted and assertions about Horizon’s accuracy were true.
Law Society of England and Wales president Nick Emmerson said that “such an exceptional scheme can only be justified in these very extraordinary circumstances” and “it cannot be treated as a precedent or justify further government intervention in the independence of our justice system”.
– Are there any potential problems?
Ministers acknowledge there is a risk that some people who actually did commit the crimes they were convicted of could have those quashed and be eligible for £600,000 compensation payments. To counter this, all those using the scheme will have to sign a formal declaration that they did not commit the offence, leaving them liable to prosecution if they were subsequently found to have lied.
– What about Scotland and Northern Ireland?
The UK Government said it wants to work with the relevant bodies there, but the justice system is devolved.
– Have any other measures been announced?
The Government promised payments of at least £75,000 for subpostmasters involved in the group legal action led by Alan Bates, the subject of ITV’s drama Mr Bates vs The Post Office, starring actor Toby Jones.
– Has anyone been held criminally responsible for the miscarriage of justice?
The Metropolitan Police is looking at “potential fraud offences arising out of these prosecutions”, for example, “monies recovered from subpostmasters as a result of prosecutions or civil actions”.
Two Fujitsu experts, who were witnesses in the trials, are being investigated for perjury and perverting the course of justice – but nobody has been arrested since the inquiry was launched in January 2020.
– What happens next?
A public inquiry looking into the failings of the Horizon system and the wrongful convictions of subpostmasters is due to finish this year.