HOCO0000001 - Letter relating to Post Office Ltd’s submissions to the Law Commission of 31 July 1995 supporting the repeal of section 69 of PACE 1984.

Evidence on official site

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Law
Conquest Hoi
/38 Johi
Tt ds Roz

LONDON Wi

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Dear Madam

EVIDENCE IN CRIMINAL PROCEEDINGS
HEARSAY AND RELATED TOPICS
AW COMMISSION CONSULTATION PAPER NO. 138)

Thank you for y

r letter and enclosure of 10th July 1995.

After cons:

ng this matter, I take the view that Option 2

s to be preferred.

In pract the operation of Se:
from a prosecution viewpoint. I c
different from any other s
so that ar

ion 69 of the 1984 Act
snsider that computer e

somewhat onerous
se is, in principal, no
e and it should, in general terms

t of evi
argument in Court would
ore consider

e to its weight rather than its admissibility.
uld be a pr

that there sh
d if the Defence wi
to do so. At present, I t

and can hamper pre

nption that the machine is in working
h to argue otherwise, then cle
herefore ¢

cutio’

le

Yours faith:

D OF CRIMINAL LAW DIVISION
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0181 681 9056
0181 681 9324

CY zy PD/12500/TB
Law Commission Y

Conquest House

37-38 John Street 26 October 1995
Theobalds Road an f

Dear Madam

LAW COMMISSION CONSULTATION PAPER NO. 138
"CRIMINAL LAW" EVIDENCE _IN CRIMINAL PROCEEDINGS: HEARSAY AND
RELATED TOPICS

This Office inter alia prosecutes offenders who have committed offences against the
Post Office. The offenders can be employees, Sub-Postmasters or members of the
public. Typical offences prosecuted by this office include theft of money from the till
or false accounting by counter clerks or Sub-Postmasters and wilful delay and/or theft
of mail by Royal Mail staff. This list of offences is not exhaustive,

A senior lawyer in this office has reviewed the above mentioned Consultation Paper.

This Office welcomes your proposals especially in relation to repealing Section 69 of the
Police and Criminal Evidence Act 1984 and repealing the discretionary provisions of
Sections 25 and 26 of the Criminal Evidence Act 1988.

With regard to the present potential evidential problems caused by Section 69 of the
Police and Criminal Evidence Act 1984, a large number of Sub-Postmasters now
complete their cash accounts and other accounting records by using a computer. The
Sub-Postimaster is often the only person working in the Sub-Post Office or the only
person who uses the computer. In the event of the Sub-Postmaster being prosecuted for
theft or false accounting, the Post Office may need to rely upon the computerised
accounting records. The Sub-Postmaster is frequently the only person who can give the
evidence required by Section 69 of the Police and Criminal Evidence Act 1984. In the
absence of admissions or other direct evidence the Post Office may not be able to prove
the case solely on the ground of being unable to satisfy the technical requirements of
Section 69 of the Police and Criminal Evidence Act 1984,

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