POL00118570 - Letter from Frazer Stuart to Jane MacLeod re: CCRC and requirement to produce and preserve materials.

Evidence on official site

POL00118570
POL00118570

CCRC

Criminal « Cases * Reviews Commission

PROTECT

Ms Jane MacLeod

Post Office Limited

148 Old Street

London Your ref:
EC1V 9QH Our ref:

419 March 2015

Dear Ms MacLeod

Horizon Computer System

Requirement to Produce and Preserve Materials

I write in relation to the ongoing correspondence between Post Office Limited
and the Criminal Cases Review Commission regarding the Horizon computer
system.

The Commission has now received a number of applications from individuals
who allege that their convictions are unsafe as a result of issues with the
Horizon system. The Commission has issued case-specific section 17 notices
in respect of those applications.

However, to assist in its review of those cases, the Commission also requires
Post Office Limited to:

i. produce a copy of the final report by Second Sight;
ii. produce a copy of the Rose Report, referred to at paragraphs 48-50
of Brian Altman QC’s report;
iii. preserve all material relating to:
e ail cases considered by Second Sight;
¢ all cases considered by Cartwright King;
all applications for participation in the mediation scheme.

The Commission considers that this material may assist the Commission in the
exercise of its functions. Where the Commission directs you to preserve
material this means that it must not be destroyed, damaged or altered before
the direction is withdrawn. If you have reason to believe that there may be
material in category iii above which remains in the possession of Royal Mail
Group please notify the Commission.

Place, Birmingham B3 2PW, [-

‘w: www.ccrc.gov.uk

The independent public body ice in England, Wales and Northern Ireland
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POL00118570

As I explained in previous correspondence, it may reassure you to know that
section 23 of the Criminal Appeal Act 1995 makes it an offence for members or
employees of the Commission to disclose information other than in accordance
with the provisions of section 24 of the Act.

I have enclosed a formal notice, issued under section 17 of the Criminal Appeal
Act 1995, which requires you to produce or preserve the specified material.
Please provide copies of all the documents and other materials relating to this
case together with the attached receipt within 28 days.

We realise that this may cause you some inconvenience and are grateful for
your co-operation, however you are under a legal obligation to comply with this
notice.

If for any reason you are unable to do so, please contact us immediately.

...Mours.singprely.__
Hpaaestiart os
Legal Advisor to the Criminal Cases Review Commission

POL00118570
POL00118570

CCRC

Criminal « Cases « Review» Commission

PROTECT

CCRC Ref: Post Office Limited (Horizon)

Name of Public Body: Post Office Limited

I confirm that:
* copies of all documents and other materials are enclosed.

The appropriate contact person regarding this material is:

Contact Name: ..........0:ccceeseeeeeeeeeeee senses eae nee

Contact No. ........:-eceee

Signed

Print Name

Date eeseceeeteeeteeteteeeee eet eeeee
Please return this form to:

Frazer Stuart

Criminal Cases Review Commission, 5 St Philip’s Place, Birmingham, B3 2PW.

5 St Philip's Place, Birmingham B3 2PW, ©
e:infou
The independent public body

irmingham 41
www.ccrc.gov.uk
e in England, Wales and Northern Ireland

POLO00118570

POL00118570

CCRC

Criminal « Cases * Reviews Commission

PROTECT

Legal requirement to produce and preserve
material for the Criminal Cases Review
Commission

To: Ms Paula Vennels
Chief Executive
Post Office Limited

The Commission believes that you are the “appropriate person” for the
purposes of section 17 Criminal Appeal Act 1995 who has possession or control
of documents or other materials which may assist the Commission in the
exercise of its functions.

This notice now requires you to:

i. produce a copy of the final report by Second Sight;
ii. produce a copy of the Rose Report, referred to at paragraph 48-50 of
Brian Altman QC’s report;
iii. preserve all material relating to:
e all cases considered by Second Sight;
e all cases considered by Cartwright King;
¢ all applications for participation in the mediation scheme.

If you have reason to believe that there may be material in category iii above
which remains in the possession of Royal Mail Group please notify the
Commission.

The Commission makes a direction under section 17(2) Criminal Appeal Act
4995 that the documents and/or other materials must not be destroyed,
damaged or altered. This direction takes priority over any weeding/destruction
policies until this direction is withdrawn by the Commission.

You now have a statutory duty to provide copies of all documents and other
materials specified above.

Your duty to comply with this requirement is not affected by any obligation of
secrecy or other limitation on disclosure (including any such obligation or
limitation imposed by or by virtue of an enactment) which would otherwise
prevent the production of the document or other material to the Commission or
the giving of access to it to the Commission. You may however notify us, in
accordance with section 25 of the Criminal Appeal Act, that information
contained in the material is not to be disclosed by the Commission without your
prior consent.

irmingham 41
www.ccre.gov.uk

> in England, Wales and Northern Ireland
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POL00118570

Signed: i
“Ori Behalt of thé Commission

Dated: 19 March 2015