Post Office (Horizon System) Offences Act 2024

Commentary on provisions of Act

Section 1: Quashing of convictions for relevant offences

42. Section 1 provides that convictions for "relevant offences" were quashed on the day on which the legislation came into force.
43. Subsection 1(2) provides that such convictions in England and Wales will be quashed, if they were prosecuted by the Post Office or CPS, have not been considered by the Court of Appeal in England and Wales and took place before the legislation came into force.
44. Subsection 1(3) provides that such convictions in Northern Ireland will be quashed, if they were prosecuted by the Police Service of Northern Ireland, the Director of Public Prosecutions for Northern Ireland or the Public Prosecution Service for Northern Ireland, have not been considered by the Court of Appeal in Northern Ireland and took place before the Act came into force.
45. The Section also sets out where in the Act certain terms are defined and explained.

Section 2: Meaning of "relevant offence"

46. Section 2 gives the meaning of "relevant offence" with reference to several conditions set out in the subsections. All of the conditions must be satisfied for an alleged offence to be quashed by this Act.
47. Subsection 2(2) sets out Condition A which is that the offence was alleged to have been committed between specified dates. The first date – 23 September 1996 – is the date on which the Horizon pilot system began to be rolled out to post office branches. The final date – 31 December 2018 – marks the point at which the rollout of the current version of the Horizon System (HNG-A) was concluded. The HNG-A system was found in the Government Litigation Order High Court case to be "relatively robust". The Department is not aware of any cases prosecuted by the relevant prosecutors involving the HNG-A system and therefore has concluded that there is no reasonable case to extend the period beyond the conclusion of the use of the previous versions of Horizon. This range of dates therefore encompasses the whole timeframe of the Horizon scandal.
48. Subsection 2(3) sets out Condition B which is that the offence is one of a list of specific offences. These are offences of dishonesty which were prosecuted in Horizon-related cases, and include ancillary offences, which are defined in subsection 2(7).
49. Subsection 2(4) sets out Condition C which details the relationship between the convicted individual and the Post Office.
50. Subsection 2(5) sets out Condition D which is that the acts constituting the offence were carried out in connection with or working for the purposes of 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 an unrelated shop. The relationship conditions outlined in Conditions C and D are drafted to encompass the range of working and other relationships which convicted individuals had with the Post Office. They extend to family members or others who did not have a direct employment or contractual relationship with the Post Office but were nevertheless carrying on a post office business or working in a post office branch for the purposes of a post office business.
51. Subsection 2(6) sets out Condition E which requires that either the Horizon system was being used for the purposes of that post office business at the time of the alleged offence, or the offence was alleged to have been committed over a period of time and the Horizon system was being used for the purposes of the post office business for all or part of that period.
52. Subsection 2(7) gives definitions of terms in this section. It defines the offences listed in subsection 2(3), including reference to the relevant statutes for each offence. It also provides that "ancillary offence" includes the inchoate versions of those offences.

Section 3: Determining when a conviction has been considered by Court of Appeal

53. Section 3 provides for when a conviction is to be determined as having been "considered by the Court of Appeal" for the purposes of Section 1, by reference to three specified cases set out in subsections 3(2) to 3(4). Where one of the three specified cases applies, that conviction is not affected by this legislation, thus preserving the role and independence of the courts. Where cases are in progress but none of the three cases applies, then the conviction will be quashed by the provisions of Section 1. Therefore, for example convictions in respect of which applications have been made for permission to appeal but have not yet been determined and appeals are in progress but have not been determined will be quashed by the provisions of Section 1.
54. Applications and appeals that have been abandoned will also all be quashed by the provisions of Section 1. This is not prevented by Rule 36.13(4)(c) of the Criminal Procedure Rules which provides that the Registrar must treat an abandoned appeal as if it had been refused or dismissed. The rule is only about the administrative treatment of an abandoned appeal. It does not render the application or appeal to have in fact been refused or dismissed for the purposes of Section 3.
55. Subsection 3(2) provides for case 1, which applies to convictions where the Court of Appeal has heard an appeal against the conviction and has dismissed the appeal.
56. Subsection 3(3) provides for case 2, which applies where the Court of Appeal has refused to give leave to appeal against the conviction.
57. Subsection 3(4) provides for case 3 where an appeal has been considered and refused by a single judge of the Court of Appeal, and the Court of Appeal has not subsequently given leave to appeal against the conviction.
58. Subsection 3(5) further protects the role of the courts by making clear that nothing in this Act prevents a further appeal against a conviction that has already been considered by the Court of Appeal.
59. Subsection 3(6) defines what is meant by the Court of Appeal in England, Wales and Northern Ireland.

Section 4: Identification and notification of quashed convictions

60. Section 4 provides for aspects of the administrative process for identifying which convictions have been quashed by the provisions in Section 1. It also provides that relevant individuals will be notified following the quashing of their convictions. Subsection 4(1) places a duty upon the appropriate authority to take all reasonable steps to identify the convictions to which Section 1 applies and which are therefore quashed by the provisions in Section 1. Such steps may include, but are not limited to, reviewing case data from the Police National Computer, court records, records held by Post Office Limited such as employment records, and CPS data. These steps will identify many of those cases that meet the conditions set out in Section 2.
61. Subsection 4(2) sets out the meaning of "the appropriate authority" in this Section. For convictions in England and Wales this refers to the Secretary of State and for those in Northern Ireland this refers to the Department of Justice in Northern Ireland.
62. Subsection 4(3) places a duty on the appropriate authority to notify the convicting court of the details of the identified convictions, in order to enable courts to update their records.
63. Subsection 4(4) places a duty on the convicting court to update its record of the conviction by removing the record of conviction and substituting a record that the conviction was quashed by this Act. This is similar to the process currently followed by the court of trial following the quashing of a conviction by the Court of Appeal and will enable other records (such as those held on the Police National Computer) to be updated.
64. Subsection 4(5) places a further duty on the appropriate authority to notify the relevant persons that their conviction has been quashed. If the person is no longer alive, then reasonable steps should be taken to notify their personal representatives. If it is not possible to notify either the convicted person or, where necessary, their personal representative, then the appropriate authority must take reasonable steps to identify another person whom they consider appropriate to notify, and notify that person. This may be the case, for example, where the relevant person does not wish to be contacted but it is appropriate to contact a relative or friend on his or her behalf.
65. Subsection 4(6) places a duty on the appropriate authority to consider representations made by the person to whom the conviction relates, or another person on their behalf, that a person whom the appropriate authority has not yet identified under 4(1) has a conviction for a relevant offence which has been quashed. This will ensure that where an individual’s conviction is not identified by the appropriate authority under 4(1), but the individual believes that their conviction meets the conditions set out in Section 2, the appropriate authority is obliged to consider representations made on behalf of that individual that their conviction so meets the conditions, and should therefore be considered as one to which Section 1 applies. If the appropriate authority, further to considering these representations, identifies that conviction as one to which Section 1 applies, the duties in subsections 4(3), 4(4) and 4(5) apply to that conviction.
66. Subsection 4(7) defines what is meant by a ‘convicting court’.

Section 5: Deletion of cautions for relevant offences: England and Wales

67. This section sets out the process for deleting records of cautions for relevant offences in England and Wales. Cautions are not ordered by a court and are not "quashed" in the same way as convictions or recorded in the same way. Where the Secretary of State becomes aware of cautions for relevant offences issued before the Act came into force, this Section places on him a duty to notify the police in order to ensure that records showing the caution are amended administratively. Subsection 5(2) provides that the police must delete the details of the caution as soon as reasonably practicable after receiving that notification.
68. Subsections 5(3)(a), 5(3)(b) and 5(4) make similar provision to 4(4)(a), 4(4)(b) and 4(5) in relation to notification of relevant persons and information about cautions provided by persons other than the individual cautioned for the relevant offence.
69. Subsection 5(5) sets out definitions for terms used in this section.

Section 6: Deletion of cautions for relevant offences: Northern Ireland

70. This Section sets out the process for deleting records of cautions for relevant offences in Northern Ireland. It mirrors the approach to cautions in England and Wales, set out in Section 5.
71. Where the Department of Justice in Northern Ireland becomes aware of cautions for relevant offences issued before the Act came into force, this Section places on that Department a duty to notify the police to enable records showing those cautions to be deleted. Subsection 6(2) provides that the police must delete the details of the caution as soon as reasonably practicable after receiving that notification.
72. Subsections 6(3)(a), 6(3)(b) and 6(4) make similar provision to 4(4)(a), 4(4)(b) and 4(5) in relation to notification of relevant persons and information about cautions provided by persons other than the individual cautioned for the relevant offence.
73. Subsection 5(5) sets out definitions for terms used in this Section.

Section 7: Consequential provision

74. Subsection 7(1) provides that a person whose conviction is quashed by this Act of Parliament is to be treated, save for as provided for by Section 4 and this section, as if, on the day on which the Act came into force, the conviction had been quashed by a court on an appeal.
75. Subsection 7(2) provides that subsection (1) does not apply to convictions quashed by this Act of Parliament for the purposes of paragraph 7(9) of Schedule 3 to the Crime and Disorder Act 1998 (which provides for the setting aside of convictions of summary offences where the Court of Appeal allows an appeal against a conviction of a related indictable offence). This means that, unlike when a conviction for an indictable offence is quashed by the Court of Appeal and convictions for any related summary offences are set aside, where a conviction on indictment is quashed by this Act of Parliament, no related summary convictions will be quashed unless they are also convictions to which Section 1 applies.
76. Subsection 7(3) provides that convictions quashed by this Act of Parliament are to be treated as "convictions quashed on an appeal out of time" for the purposes of section 133 of the Criminal Justice Act 1988 which deals with eligibility for compensation for miscarriages of justice. This is to ensure that a person whose conviction is quashed by this Act of Parliament is not excluded from the compensation for miscarriages of justice scheme where the criteria for that scheme are met. Although compensation under section 133 of the Criminal Justice Act 1988 will remain available in principle, it is expected that it is unlikely that many individuals who have their convictions quashed under the Act will seek to access this compensation due to the requirement to demonstrate that the threshold for compensation under section 133 has been met and the fact that any losses are very likely to be covered by the Overturned Convictions scheme.

Section 8: Power of Secretary of State to make further consequential provision

77. Section 8 allows for amendment or modification of any provision of primary or secondary legislation that is not transferred Northern Ireland provision. This may be required in order to ensure that the consequences of the quashing of a conviction can be applied to these convictions quashed by Act of Parliament in the same way as they do to convictions quashed by a court on appeal.
78. Subsection 8(1) confers a power on the Secretary of State to make consequential provision for the purposes of the Act. Subsection 8(2) details how this power may be exercised by amending or otherwise modifying any provision made under primary legislation passed before or in the same session as this Act.
79. Subsection 8(3) specifies that this power does not apply to any provision which is transferred Northern Ireland provision.
80. Subsections 8(4) to 8(6) provide for the ways in which regulations are to be made. Subsection 8(7) defines primary legislation for the purposes of this section.

Section 9: Power of Department of Justice to make further consequential provision

81. Section 9 allows for amendment or modification of any provision of primary or secondary legislation that is transferred Northen Ireland provision. As with Section 8, this may be required to ensure that the consequences of the quashing of a conviction can be applied to these convictions quashed by Act of Parliament in the same way as they do to convictions quashed by a court on appeal.
82. Subsection 9(1) confers a power on the Department of Justice in Northern Ireland to make consequential provision for the purposes of the Act. Subsection 9(2) defines "transferred Northern Ireland provision" for the purposes of the Section.
83. Subsection 9(3) details how this power may be exercised by amending or otherwise modifying any provision made under an Act of Parliament passed before or in the same session as this Act.
84. Subsections 9(5) to 9(7) provide for the ways in which regulations are to be made. Subsection 9(6) defines primary legislation for the purposes of this section.

Section 10: Interpretation

85. This section sets out provisions of interpretation of several terms in the Act.
86. Subsection (1) defines "caution" to include youth cautions, conditional cautions, and other forms of caution.
87. It also defines "conviction" 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. This can include findings in cases linked with a finding of insanity.
88. The subsection defines the Horizon system as versions of the Horizon software excluding HNG-A (the version currently in use). This definition includes the "Pathway" system, which was a pilot of Horizon.
89. The subsection also defines "postal services", "post office", and "post office business". These are terms used in the conditions in section 2 of the Act to determine whether a conviction is for a relevant offence.
90. "The Post Office" is also 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.
91. Subsection (2) outlines which provisions do not apply for the purposes of this Act.
92. Subsection (3) provides that nothing in this Act is to be taken as affecting the powers of any court to quash on appeal any conviction, to which this Act does not apply.

Section 11: Extent and commencement

93. This section sets out provisions for commencement and territorial extent. Subsection 11(1) provides that the Act extends to England, Wales and Northern Ireland only. Subsection 11(2) provides that the Act came into force on the day it was passed.

Section 12: Short title

94. This section establishes the Act’s short title.