Question reference: S6W-25626
- Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
- Date lodged: 4 March 2024
-
Current status: Answered by Angela Constance on 18 March 2024
Question
To ask the Scottish Government, in relation to the potential issues arising from the Post Office’s Horizon computer system in Scotland, what its response is to the comments of former sheriff Kevin Drummond KC that an approach to resolving the potential issues “could be done tomorrow… by the Crown Office and Procurator Fiscal Service and Crown Prosecution Service bringing to their respective criminal appeal courts a list of convictions with case references and informing the court that investigations have revealed these convictions to be flawed and inviting the court to overturn the convictions”.
Answer
The Scottish Government is aware of this proposal. During the Lord Advocate’s statement to Parliament on 16 January 2024, I am aware there was discussion of this issue. The Lord Advocate explained that:
‘… It is misleading to suggest that I could simply attend the appeal court with a list of cases and tell the court of criminal appeal to quash the convictions. There is such a process but, for reasons of sound public policy and in recognition of the constitutional role of our court of appeal, prosecutors always have to be able to explain why they are no longer relying on a conviction. As I have explained, not every Horizon case will involve a miscarriage of justice. In some cases, there was sufficient evidence to support a criminal conviction. That is demonstrated by the material from England and Wales that shows that, of the cases that have been referred to the Court of Appeal in England, only some—not all—have resulted in a conviction being quashed because of a miscarriage of justice. Therefore, it is not as simple as my providing a list of convictions to be quashed.’