Post Office scandal: Justice Secretary Angela Constance says it's 'extremely disappointing' Scotland not included in Horizon law
Scotland's justice secretary has said it's "extremely disappointing" that a law quashing wrongful convictions of sub-postmasters caught up in the Post Office scandal will not apply north of the border.
The legislation, being introduced by the UK government on Wednesday, will exonerate all those convicted in England and Wales on the basis of the faulty Horizon accounting software.
Angela Constance has appealed to Westminster, saying it is not too late to change its position.
If it fails to do so, Holyrood has vowed to implement its own legislation. However, victims in Scotland could face a delay for justice as any new law north of the border will have to wait until after the UK bill is passed to ensure compatibility.
'It is not too late'
Ms Constance said: "We, along with the Northern Ireland Executive, urged the UK government to introduce UK-wide legislation as the best way to ensure there is a quick, fair and equal solution for all affected sub-postmasters, particularly as the Post Office is reserved to Westminster, so this announcement is extremely disappointing.
"It is not too late for the UK government to change their position but if this continues to be refused, we will introduce Scottish legislation that delivers justice for all those affected.
"It is likely that this would need to be passed after a UK bill is passed to ensure full compatibility with UK legislation and the UK compensation scheme, in which the Scottish government has no locus, but we will do everything in our power to work as quickly as possible."
More than 700 sub-postmasters across the country were prosecuted and handed criminal convictions after Fujitsu's faulty Horizon IT system made it appear as though money was missing at their branches.
Prosecutions were handled by the Crown Office in Scotland, not the Post Office.
Lord Advocate Dorothy Bain KC appeared before MSPs in January and claimed the Crown Office was "repeatedly misled" by the Post Office in regards to Horizon cases.
In 2013, guidance was issued to prosecutors urging them to ensure cases were not overly reliant on Horizon evidence.
In Scotland a number of convictions have already been overturned - with some sub-postmasters claiming the Horizon system continues to cause unexplained shortfalls.
Former sub-postmaster Rab Thomson, from Clackmannanshire, told Sky News he had attempted to take his own life after being wrongly criminalised in 2006 over an apparent shortfall of almost £6,000.
After his conviction was overturned in January, he said he was feeling "emotionally drained" but was over the moon the ordeal was over and would walk with his "head high".
A woman who was convicted of embezzling money and later died may also have suffered a miscarriage of justice.
The Scottish Criminal Cases Review Commission (SCCRC) has referred the case of Caren Lorimer to the High Court of Justiciary for determination.
The SCCRC believe Ms Lorimer pleaded guilty in "circumstances that were, or could be said to be, clearly prejudicial to her".
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What is the Post Office scandal?
Prime Minister Rishi Sunak said the proposed Post Office (Horizon System) Offences Bill "marks an important step forward in finally clearing" the names of hundreds of wronged branch managers who have had their lives "callously torn apart".
Downing Street said that under the law, convictions in England and Wales will be automatically quashed if they meet the following criteria:
• Were prosecuted by the Post Office or Crown Prosecution Service.
• Were for offences carried out in connection with Post Office business between 1996 and 2018.
• Were for relevant offences such as theft, fraud and false accounting.
• Were against sub-postmasters, their employees, officers, family members or direct employees of the Post Office working in a Post Office that used the Horizon system software.
Those with overturned convictions will receive an interim payment with the option of immediately taking a fixed and final offer of £600,000, according to No 10.
The government will also bring forward "enhanced" financial redress for postmasters who, while not convicted or part of legal action against the Post Office, made good the apparent losses caused by the Horizon system from their own pockets.
They will be entitled to a fixed sum award of £75,000 through the Horizon shortfall scheme, Downing Street said.
Those who have already settled for less money will have their compensation topped up to this level while people can instead choose to have their claims assessed as part of the usual scheme process, in which there is no limit to compensation.
The government hopes the bill will receive royal assent and become law ahead of MPs' summer holiday.
