POL00040813
POL00040813
S Ane. 2014
[TO GO ON POST OFFICE HEADED PAPER]
[date]
For the attention of Mrs S Berlin
Criminal Cases Review Commission
5 St Philip's Place
Birmingham
B3 2PW
Dear Mrs Berlin
Horizon Computer System
I refer to your email dated 16 May 2014 and confirm that my predecessor, Susan Crichton left the
business at the end of October 2013. I apologise for the fact that you have not received an update on
the progress of the review undertaken by POL and hope to rectify that with the information set out below.
I confirm that Brian Altman QC completed his review of POL's strategy and process for reviewing
past/current prosecutions given the findings of the Second Sight interim report to which Susan Crichton
referred in her letter to you dated 26 July 2013.
As you would expect, Mr Altman's review was thorough, leading to a detailed report, and I am pleased to
confirm that overall, his view was that the review (carried out on behalf of POL by an external firm of
criminal specialist solicitors) was fundamentally sound, and he did not detect any systemic or
fundamental flaws in the review process, or in the evidence arising from it. He did however highlight that
because POL has a continuing duty of disclosure, both POL and the external firm of solicitors with vast
experience of managing and prosecuting these cases, must remain prepared to keep under review, and
reconsider, past case reviews and disclosure decisions.
To give you some detail, the process involved reviewing all cases (both Crown Court and Magistrates’
Court) going back to 1 January 2010 (this being the earliest date on which Horizon Online was migrated
into all post office branches and is a start date which Mr Altman QC considered to be logical,
proportionate and practicable in light of the known circumstances). Essentially the scheme involved
POL's solicitors identifying every case within the above mentioned review period in which the primary or
main evidence against the defendant was based on Horizon data, and included also those cases
involving suggested problems with Horizon training or support. This was done by a rigorous sift review
process. Once a potentially affected case was identified, senior in-house prosecutors at the external firm
of solicitors carried out a full case review to determine the essential question “Had POL been possessed
of the material contained within the Second Sight interim report during the currency of any particular
prosecution should/would POL have been required to disclose some or all of that material to the
defence?" In cases in which convictions had been obtained, this also meant considering material for
disclosure, which might cast doubt on the safety of the conviction.
The process involved POL's external solicitors carrying out a sift of [A] case files, a second sift of [B]
cases, a full review of [C] cases (in which disclosure was advised in [D] cases), and the discontinuance
of [E] cases.
I can confirm that since the publication of the Second Sight interim report on 8 July 2013, and despite
POL's thorough review, POL has, to date, not received any application for permission to appeal to the
Court of Appeal.
4A 27626857 3 1
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Cond’ Diclingor
I appreciate that the above is a short precis of a very extensive procedure and should you have any
further questions/require any further clarification, please do not hesitate to contact me.
Yours Sincerely
Chris Aujard
For and on behalf of
the Post Office Limited
4A_27628557_3 2
POL00040813
POL00040813
Criminal « Cases e Review « Commission
PROTECT
Susan Crichton
General Counsel
Post Office
148 Old Street Your ref:
London Our ref:
EC1V 9HQ
30 July 2013
Dear Ms Crichton
Horizon Computer System
Many thanks for your letter of 26 July. We are, of course, very pleased to hear
of the review that the Post Office is now undertaking. If anything arises where i
you think we may be able to assist, please do not hesitate to let me know. 1
Are you liaising with the CPS in respect of any prosecutions taken by the CPS,
which might possibly be affected by the issues with the Horizon system? It
would be very useful for us to know who your liaison point is in the CPS in that
respect.
At present, we have very limited information (only what is in the media) about
what the problem is. On the basis of that we have not identified any cases (past
or present) in our system that might be affected by any issue with the Horizon
system. That could change though once we know more about the issue. In the
circumstances, it would appear to make sense for us to wait until Mr Altman QC
conclusions before we ask you for further details.
Director of Casework Operations
Plact
Birmingham B3 2PW, DX 715466 Birmingham 41
0121 233 1473 f: 0121 232 0899 w: www.ccrc.gov.uk
sligates possible miscarriages of justice in England, Wales and Northern Ireland
The independent publi
[TO BE TYPED ON POST OFFICE LIMITED HEADED PAPER]
For the attention of Mrs S Berlin
Criminal Case Review Commission
5 St Philip's Place
Birmingham
B3 2PW
26" July 2013
Dear Mrs Berlin
Horizon Computer System
I refer to my letter of 24 July 2013 in which I indicated that I hoped to be in a position to
provide you with a more detailed response by today. Whilst I am not yet in a position to notify
you of all the details you requested in your letter dated 12 July I do set out below our
proposed course of action in this matter.
POL accepts that a number of criminal convictions may be impacted by the matters
highlighted in the Second Sight Interim report and it has taken early and determined steps to
identify those cases where such an impact may fall.
To that end POL has decided to instruct Brian Altman QC, former First Treasury Counsel with
substantial prosecuting experience whose remit it is intended should be, in broad terms, to
review and advise POL on its strategy and process for reviewing past/current prosecutions
given the findings of the Second Sight interim report. Moreover, we intend asking counsel to
report to the Post Office Board in due course with his findings.
POL has also instructed an external firm of criminal specialist solicitors to identify every
criminal case prosecuted by POL and the Royal Mail Group (prior to their separation on 1
April 2012), and in any event in the last three years, so as to determine the safety of the
convictions. Once such a case is identified, counsel will also be asked to review the case fully
so as to determine the proper approach to be taken.
We hope that the content of this letter and the kind of processes and review we intend
initiating allays your concerns and those of the Attorney General. We take the view that it is
incumbent upon POL as a major public institution to take every reasonable step to ensure
that those whose convictions may be regarded as unsafe are given justice.
Yours sincerely
Susan Crichton
General Counsel
POL00040813
POL00040813
POL00040813
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148 Old Street
LONDON
EC1Y 9HO
For the attention of Mrs S Berlin
Criminal Case Review Commission
5 St Philip's Place
Birmingham
B3 2PW
Date 24" July 2013
Dear Mrs Berlin
Horizon Computer System
I refer to your letter of 12 July 2013 which was addressed to Paula Vennells, Chief Executive of Post Office
Limited. I am responding on her behalf.
This letter briefly explains the background to the matters raised in your letter and the steps currently being
taken by Post Office Limited (POL). I anticipate being able to provide you with a mare detailed response by
the end of this week.
At the centre of POL's business is an IT system known as Horizon. This system is used by over 11,000
subpostmasters to conduct transactions with members of the public on behalf of POL. As you will be
aware, POL has commissioned an independent firm of forensic accounts (called Second Sight) to
investigate and report on the integrity of the Horizon system. The aim of this report is to highlight any
issues in Horizon and its surrounding support infrastructure,
This month Second Sight released an interim report that highlighted a number of issues that required
further investigation but also reached the interim conclusion that there were no systemic problems with
Horizon.
We are now looking at Second Sight's findings in detail and are also investigating whether those findings
have an impact on any historic or on-gaing prosecutions. I hope to be able to send you a more
comprehensive response on these matters by the end of this week.
Yours sincerely
GRO I
Susan Crichton
General Counsel
www.pastoftice.co.ak
POL00040813
POL00040813
Criminal « Cases « Review « Commtis
PROTECT
Ms Paula Vennells ee eT
Chief Executive OST OFFICE LT!
Post Office Ltd ¥ '
148 Old Street : ‘our ref:
London rea j 16 JUL 2018 Our ref:
EC1V 9HQ
12 July 2013
4IEF EXEGUTIVE'S OFFICE
Dear Ms Vennells
Horizon computer system
The Criminal Cases Review Commission is an independent public body that was set up
in March 1997 by the Criminal Appeal Act 1995. Our purpose 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.
For obvious reasons, we have read the recent media coverage concerning the Post
Office Horizon computer system with interest. Clearly, it would be very useful for us to
have more information directly from the Post Office, especially accurate information as
to number of criminal convictions that might be impacted by the issue and what action
is proposed, or being taken, in that respect.
We see that the Attorney General was called upon on Tuesday to set up an enquiry
and we are in contact with his office about that.
In essence, the Commission's role in this is likely to relate to anyone who is convicted
of a criminal offence (in England, Wales or Northern Ireland), where evidence from the
Horizon computer system is relevant, where (i) they have already tried to appeal
against that conviction or (ii) they were convicted at Magistrates’ Court following a
guilty plea.
I look forward to receiving your reply.
wo MOUS SINCELEM enn
I} t: 0121 233 1473, f: 0727 232 0899 w
investigates possible miscarriages of justice