Section 9 – Interpretation
29.Subsection (1) of this section provides definitions for various terms used in the Act. In particular—
“conviction” is defined as both a conviction before a court and findings in criminal proceedings that a person has committed an offence or done the act or omission charged (which can include where a finding was made about the acts but there was no conviction on grounds of mental disorder, or where the outcome was only the giving of a judicial admonition or an absolute discharge1),
“Horizon system” is defined as versions of the Horizon software excluding HNG-A (see the discussion of condition A at paragraph 8 of these notes),
the “Post Office” is defined with reference to the several different companies and organisations in relation to whose business individuals were convicted of offences as part of the Horizon scandal.
30.Subsection (2) clarifies that nothing in the Act affects any power of a court to quash a conviction which is not covered by this legislation.
Were it not for the inclusion of absolute discharge within the definition of “conviction” here, section 247 of the 1995 Act would have the effect that a person who was convicted but absolutely discharged by the court (i.e. given no punishment) would not be treated as having a conviction, meaning they would not benefit from it being quashed.
