The Scottish Government will need to find their own legal fix to overturn the convictions of postmasters wrongly prosecuted because of the faulty Horizon IT software.
Ministers in Edinburgh had pleaded with the UK Government to include Scotland in their legislation and had suggested a number of amendments to the Post Office (Horizon System) Offences Bill making its way through the Commons.
However, they have been told it is for the Scottish Government and the Scottish Parliament to bring forward legislation specific to those caught up in the scandal north of the border.
READ MORE: Scots post office victims will need to wait for Holyrood legislation
There have been more than 900 convictions linked to the software, including around 60 in Scotland.
The UK Government's Bill will overturn convictions of theft, fraud, false accounting, money laundering and any linked offences handed down in connection with prosecutions in England and Wales brought between 23 September 1996 and 31 December 2018.
The First Minister has repeatedly said his preference is to pass a Legislative Consent Motion to allow the UK Government's legal fix to apply north of the border.
However, ministers in London have been equally clear that as justice is devolved and as prosecutions were undertaken in a completely separate system it is for ministers in Edinburgh to come up with their own solution.
Lord Advocate Dorothy Bain KC has also said that there can be no quick solution for the Scottish victims and that it was “imperative that due process is followed.”
She said the “right process” for people to clear their names was through the Scottish Criminal Cases Review Commission (SCCRC) and the High Court of Appeal.
On Thursday, Justice Secretary Angela Constance wrote to UK enterprise minister Kevin Hollinrake setting out 15 “relatively simple” amendments which she said could extend the UK Bill to Scotland.
She said this would “ensure there is no delay to the quashing of convictions and access to compensation.”
A UK Government spokeswoman 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.”
READ MORE: Post Office: Constance demands urgent meeting with UK Government
During First Minister’s Questions, Mr Yousaf said there were difficulties in identifying exactly which cases in Scotland are linked to Horizon.
Unlike south of the border, the Post Office is not able to bring its own prosecutions under Scots Law.
He said: “We want no delay whatsoever, we’ll continue to work with the UK Government to do what is the simplest thing, which is to ensure the UK legislation applies UK-wide.”
He was asked by SNP backbencher Fergus Ewing to “publish the proposed Scottish legislation in draft, rather than let the matter drift on further into the autumn."
Mr Yousaf said there was “nothing stopping” the government from introducing specific Scottish legislation.
“And we are working on what a bill would look like in the event that the UK Government does not accept the very reasonable amendments that have been tabled to ensure that the Westminster bill is UK-wide.”
He said the Scottish Government would have to wait until the UK Government’s bill has passed, which, he warned would mean those caught up in England able to access compensation ahead of their counterparts north of the border.
“We cannot allow a situation where sub-postmasters and sub-postmistresses in Scotland are treated differently from how they are treated in England in relation to access to compensation,” he added.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel