POL00096628
POL00096628
Speaking notes for Paula — meeting with James Arbuthnot
Criminal Process
Criminal Investigation and Prosecution Process
Post Office applies consistent investigation and prosecution processes across our Sub
office and our Crown estate.
Once any branch comes to our attention ( eg through the red flags — for instance having
excess cash) an investigation would commence and proceed in a formalised manner.
Suspect offenders would be interviewed under the auspices of PACE (Police and
Criminal Evidence Act) and cases passed for advice to lawyers.
The lawyers internal initially then external would apply the “prosecutors” guidelines” (in
reality CPS checks and balances) to the matters in hand and advise prosecution, or not,
accordingly dependant on the available evidence.
Once it has been decided that there is sufficient evidence to launch a prosecution there is
an additional test which considers whether such a prosecution is in the public interest. In
the cases that we have public interest factors would include breach of trust and the nature
of the offences. In addition it is thought that convictions will act as a deterrence and
help protect public money.
In addition the if the case goes to court the subpostmaster/mistress will have legal
representation who will act for him/her and test the relevant evidence.
In the event that a case goes to court the evidence would also be reviewed by Counsel for
both prosecution (POL) and the defence (subpostmaster) and in the case of a number of
cases a jury.
Shoesmiths cases
Shoesmiths are acting on a no win no fee basis and although press releases have indicated
that they are acting for a large number of sub postmasters we have only received four
notifications
(a) Scott Darlington, (b) Julian Wilson, (c) Terence Walters and (d) Thakshila
Somaskandarajah) by Shoosmiths all remain at the pre-action stage (i.e. letters
before action have been received). No other action has been taken in respect of
these claims.
I would guess that is because Shoesmiths feel that there is little chance of success at this
stage. In addition of the four cases listed at least two of the sub postmasters have already
admitted to a criminal offence.