To ask the Scottish Government whether the Crown Office and Procurator Fiscal Service will communicate with the 73 individuals identified by the Scottish Criminal Cases Review Commission in 2020 who had criminal convictions that were potentially affected by the issues arising from the Post Office’s Horizon computer system in Scotland, and advise them of their options for recourse, in light of reports that only 16 had come forward by the end of 2023 to have their conviction overturned.
As was acknowledged by the Lord Advocate in her statement to Parliament on the 16 th January, any miscarriage of justice that has occurred as a result of the Horizon IT systems requires to be identified and addressed. The Scottish Criminal Case Review Commission (“the SCCRC”) is the independent public body that investigates and reviews alleged miscarriages of justice in Scotland.
The SCCRC was established in 1999. Its role is to review and investigate cases where it is alleged that a miscarriage of justice may have occurred in relation to conviction, sentence or both. Its aim is to investigate all cases efficiently, without undue delay and to a consistently high standard, and to strengthen public confidence in the ability of the Scottish criminal justice system to address miscarriages of justice.
Any person convicted of a criminal offence in Scotland who considers that their conviction was a miscarriage of justice may apply to the SCCRC. The SCCRC is an independent body. It does not represent the prosecution, the defence, the police, the courts or any other part of the criminal justice system. It will consider all applications and review cases to decide whether they should be referred to the High Court to be considered again. The SCCRC will refer all cases to the High Court where it believes that there may have been a miscarriage of justice.
To apply, an individual can complete an application form which should set out the details of the conviction which they believe resulted in a miscarriage of justice. Applications forms can be obtained from the SCCRC or online. An individual may apply directly to the SCCRC and there is no charge or fee for the Commission to review any case.
With the assistance of the Crown Office and Procurator Fiscal Service, the SCCRC has already written to at least 73 individuals. It is however important to recognise the different roles of the Commission and COPFS. The Commission is the proper body to be approaching individuals who may have been impacted by the Horizon IT system. The Crown Office and Procurator Fiscal Service has engaged with the Commission and will continue to do so to support its ongoing work in these cases. I know that anything that can be done to assist and support those who have been affected to come forward will be done to ensure that there is access to justice for all who may be affected.
