Top legal expert claims UK Government 'wrong' not to quash Post Office convictions in Scotland

A top legal expert has claimed the UK Government was wrong not to quash Post Office Horizon scandal convictions in Scotland.

James Chalmers, a law professor at the University of Glasgow, insisted Tory ministers should have extended Westminster legislation issuing pardons to sub-postmasters in England to include Scotland as well.

Post Office minister Kevin Hollinrake announced in February the UK Government would leave Holyrood to deal with wrongful convictions in Scotland.

He said this was because prosecutions north of the Border were undertaken by the Crown Office and Procurator Fiscal Service.

This is despite First Minister Humza Yousaf asking for the UK Government to include Scotland in the legislation.

Chalmers made his comments as he was questioned by SNP MPs Joanna Cherry and Chris Stephens in the House of Commons Justice Committee on Tuesday.

Cherry asked the academic: "Has the UK Government taken the right approach by not extending the Bill to Scotland and Northern Ireland?"

Chalmers replied: "My view would be no, simply from a practical point of view.

"Given that the Scottish Government has indicated that it intends to mirror this legislation, it is very difficult to see how the Scottish Government could make different policy choices to any significant extent from those set down in the Bill.

"Given the imperative to quash convictions as quickly as possible, which underpins this, requiring the Scottish Government to wait to see how the legislation passes through Parliament and how it is amended so as to try and mirror it later on, seems to help no one.

"I can see the argument, which I think has been made in the Chamber, that the Scottish Parliament can pass legislation fairly quickly if it has to, but I would have thought it would be better to ensure that there is proper scrutiny of the mechanism in the Bill for doing that, if it was not being forced into making the policy decisions in a single day, which of course it can do if it has to."

Tory Prime Minister Rishi Sunak announced blanket legislation earlier this year to clear their names after a TV drama thrust the saga into the spotlight and sparked public outrage. First Minister Humza Yousaf followed suit soon after.

More than 700 Post Office branch managers around the UK were prosecuted between 1999 and 2015. This was caused by faulty Horizon accounting software making it look as though money was missing from their shops.

More than 100 of these are thought to have been in Scotland.

A UK Government spokesperson said:

“In Scotland, prosecutions were undertaken by the Crown Office and Procurator Fiscal Service. Is it therefore right that overturning convictions in Scotland is determined, delivered and scrutinised by the Scottish Government and the Scottish Parliament.

“The Scottish Government has already indicated that they are bringing forward legislation and we are working closely with them as we progress legislation to ensure equitable outcomes for victims across the UK.”

Cherry said afterwards that it was "blindingly obvious" the UK Government should extend its legislation.

She told the Record: "I am delighted that under questioning from myself and Chris Stephens MP, Prof Chalmers has confirmed that Scottish convictions should be quashed by the UK Government’s bill.

"This should have been blindingly obvious. The purpose of the bill is to make sure convictions can be quashed quickly so that innocent people can be compensated.

"This scandal originated with a faulty computer system and dubious investigatory procedures within a UK wide institution. The scheme for compensation is to be UK wide so the paving legislation should be UK wide too.

"We often hear the UK Government lecturing the Scottish Government that 'Scotland’s two governments should work together.'

"This situation is a perfect example of where that should happen, and it’s a shame that the UK Government is being so uncooperative.

"I hope Professor Chalmer’s evidence will provoke a change of heart and provide a firm foundation for the amendments necessary to bring Scottish victims of the Horizon scandal within the scope of the bill to be made at committee stage.”

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