Section 2 – Meaning of “relevant offence”
7.This section sets out what constitutes a “relevant offence”. This is defined by reference to several conditions. Under subsection (1), all of the conditions must be met in order for an offence to constitute a relevant offence.
8.The conditions are set out in subsections (2) to (6):
Condition A is that the offence was alleged to have been committed in a specified period. This could be an offence alleged to have been committed on one or more dates within that period (paragraph (a)) or over a period of time which falls either wholly or partly within that period (paragraph (b)). The starting date for that period is 23 September 1996, which is the date on which the Horizon pilot system began to be rolled out to post office branches. The end date for that period is 31 December 2018, which is the point at which the rollout of the current version of the Horizon System (HNG-A), considered to be robust, was concluded and the earlier version entirely superseded.
Condition B is that the offence is one of a list of specific offences. These are all offences of dishonesty which were prosecuted in Horizon-related cases, and include ancillary offences (defined in subsection (7)).
Condition C requires the relationship between the individual and the Post Office to be of a certain type. At the time of the offence, the individual had to have been carrying on a post office business themselves (i.e. acting as a postmaster) or working in a post office for someone else for the purpose of the post office business. There does not need to have been a contract of employment in place so those who, for example, worked in a family post office business without any formalities in place are covered by this provision.
Condition D is that the acts constituting the offence were carried out in connection with carrying on or working for the purposes of the post office business. This provision therefore excludes unrelated offences which individuals working in post offices might have coincidentally committed during the relevant time period (such as theft from a local supermarket).
Condition E is that the Horizon system (as defined in section 9) was in use in the post office in which the person was working or carrying on post office business. Where the offence was alleged to have been committed at a particular time, the Horizon system needs to have been in use at the time of the alleged offence. Where the offence was alleged to have been committed at any time during a period as mentioned in subsection (2)(b), the Horizon system needs to have been in use for either all or part of that period. This reflects the fact that the period over which the offences were alleged can start earlier than the installation of the Horizon system or extend beyond the date on which it was removed.
9.Subsection (7) defines the ancillary offences falling within condition B. It should be noted that those who are convicted art and part of an offence are convicted for the principal offence and so their convictions are captured by convictions for the principal offences being covered by the Act. Art and part liability is the principle that where two or more people are convicted of engaging together in the commission of a crime, each is guilty of the whole crime regardless of the part they play individually.
