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Matthews, Gavin
— saunas ea Saar
From: Parsons, Andrew
Sent: 18 November 2013 12:38
To: Brian Altman I I
Ce: Matthews, Gavin
Subject: FW: Scheme Applications [BD-4A.FID20472253}
Attachments: _DOC_27643963(5)_DRAFT Settlement Policy - AB.DOCX
Sensitivity: Private
Brian
Please find below:
e My email to Martin Smith which includes Tony Hooper's comments.
«The extract from the Settlement Policy dealing with criminal cases (and the full policy attached).
eo regards
Andy
Extract from Settlement Policy
B Criminal cases
Background
1.1. Offering a settlement to an Applicant who has been convicted could:
1.1.1. Be used as the basis for an appeal against that conviction; and/or
1.1.2 Cause that conviction to become unsafe.
1.2 Assuch, settlements involving convicted Applicants should only be offered where there is clear
r ) evidence of a miscarriage of justice and the process below has been followed.
Process
1.3. Where a Complaint relates to an Applicant who has been convicted, the following additional
processes should be followed:
1.3.1. The Applicant's application, case questionnaire and any investigation findings should be
forwarded to Post Office's criminal lawyers (Cartwright King —"CK")
1.3.2 CK will review the above documents to determine whether any disclosure is required under
Post Office's prosecution duties.
1.3.3. CK will be consulted on any Recommendation for Settlement and advise how the proposed
settlement may affect the Applicant's conviction.
1.4 Post Office has no power to overturn a conviction. If, following the investigation phase, grounds for
appeal are identified, the standard approach will be to:
1.4.1. Suspend the standard mediation process.
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1.4.2 Disclose the information giving rise to the grounds for appeal to the Applicant (via CK).
1.4.3. Consider whether Post Office will support or oppose any appeal.
1.4.4 Consider whether Post Office might offer financial support to the Applicant in order to
conduct the appeal.
1.4.5 Consider whether it is more appropriate to conduct the mediation before or after any appeal
is heard. In most cases, it will be more appropriate for the appeal to be heard first.
1.4.6 Write to the Applicant explaining Post Office's stance on the above matters and seek their
views on how they wish to proceed.
1.4.7. Where a conviction is overturned on appeal, mediation may subsequently be used to resolve
the Applicant's claims / losses that flow from that wrongful conviction.
Andrew Parsons [ }
Senior Associate
for and on behalf of Bond Dickinson LLP
www.bonddickinson.com
From: Parsons, Andrew
To: martin.smith,
Ce: Jarnail A Singh ( _..& }
Subject: Scheme Applications [BD-4A.FID20472253]
Martin
Please find attached the latest applications into the mediation Scheme (I've split this into two parts and will send the
second half by separate email).
This bundle of applications includes our first two Case Questionnaires that provide further details on those two cases.
Are you generally reviewing these applications to see if they give rise to any disclosable material (I expect so — but
best to double check!)? This point was raised by Tony Hooper at our meeting last Friday. He also thought that it was
“obvious" that as part of its disclosure duties, Post Office should be disclosing anonymised details of each application
in prosecutions where Horizon is being questioned. In response, I sat squarely on the fence and said that the
applications would be reviewed and proper disclosures made as required.
Also, SS believe that they have “lots of information" that may be relevant to Defendants and asked whether PO
should be disclosing this material. Tony said that such information was not under POL's control (as SS were
independent) so it was for SS to decide whether to send this information to POL — so just a heads up on this point but
I hope that SS won't actually be bothered to do anything about this.
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Kind regards
Andy
Andrew Parson
Senior Associate
for and on behalf of Bond Dickinson LLP
Follow Bond Dickinson
www.bonddickinson.com
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