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CCRC
Criminal « Cases » Reviews Commission
Ms Jane MacLeod
Post Office Limited ;
148 Old Street i
London Your ref:
EC1V 9QH Our ref:
12 February 2015
Dear Ms MacLeod
Horizon Computer System
Thank you for your letter dated 11 February 2015, the contents of which are
noted.
In your letter you ask for clarification in relation to the following points:
i) The precise function or functions which the Commission is seeking to
exercise pursuant to S.17(1) CAA; and
ii) How and why the Commission considers it is “reasonable” to require
Post Office Limited (POL) to produce the documents or material
requested in the exercise of that function or functions pursuant to S.17(2)
CAA.
In order to address these points, it would perhaps be helpful to provide some
background.
The primary function of the Criminal Cases Review Commission (the
Commission) is to review possible miscarriages of justice in the criminal courts
of England, Wales and Northern Ireland and refer appropriate cases to the
appeal courts.
The power to do this lies in statue, specifically the Criminal Appeal Act 1995
(CAA 1995) Sections 9 ~ 12.
As I am sure you are aware, the vast majority of the cases that come to the
attention of the Commission do so as the result of an application by the
convicted person.
However, such an application is not a pre requisite for an investigation by the
Commission.
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A recent example of where the Commission has acted without the initial input of
an applicant includes the review of convictions which were based on evidence I
obtained by the Metropolitan Police Special Demonstration Squad. These
convictions were drawn to our attention by, and subsequently examined with the
full cooperation of the Crown Prosecution Service and the Police.
Recently, the Commission has been made aware of potential miscarriages of
justice arising out of convictions where information produced by the Horizon
software was used in evidence.
Therefore the Commission would be looking to the information provided by the
Post Office to identify the individuals that may be affected by the Horizon issues
and asses the safety of any convictions.
The Commission can then consider whether to refer the convictions to the
appropriate appeal court, undertake further investigations itself or make use of
its statutory powers under section 19 of the CAA 1995 to require the police to
undertake further investigations as appropriate.
With respect, the judgement as to what is a reasonable request is one for the
Commission. Our assessment of the case thus far suggests that the report of
Mr Altman QC would be of assistance to us in resolving one or more of the
issues arising in this matter.
The Commission anticipates that this report would include the steps taken by
the Post Office in relation to these convictions, and the Horizon system, which
would be pertinent to the Commissions investigations. This would provide a
starting point for the Commission in determining what steps, if any, it is
appropriate to take.
For the avoidance of any doubt, and in order to offer some reassurance, the
CAA 1995 does place restrictions on the way the Commission handles material
and information it obtains during the exercise of any of its functions.
Sections 23, 24 and 25 of the Act are enclosed with this letter.
Section 23 creates a statutory bar on disclosure of materials by the
Commission, and imposes criminal sanctions for any contravention of this
section. I
Section 24 contains various exemptions to this bar. These exemptions allow the
Commission to the material under its control when compiling a Statement of
Reasons at the conclusion of a review.
Section 25 places specific restriction in cases where the material has come to
the Commission by way of a Section 17 request.
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which addresses these points in greater detail is enclosed.
I trust that this letter addresses the concerns that you have regarding the
i
I
A copy of the Commission's published Formal Memorandum on disclosure
I
disclosure of material to the Commission I
If for any reason I can be of any more assistance, please contact me
immediately.
~Nourssineérely
GRO I I
Legal advisor to the Criminal Cases Review Commission