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TERMS OF REFERENCE
PROJECT PHOENIX
Context
Until 2015, Post Office Ltd (POL) conducted its own criminal investigations and
prosecutions. A significant number of convictions arising from these prosecutions have
been overturned.
During the Human Impact Evidence Hearings at the Post Office Horizon Public Inquiry in
2022, 31 witnesses provided evidence which could be considered as alleging either
misconduct on behalf of POL employee's or which identified issues with the quality of the
investigations, such as failure to disclose and failure to follow all reasonable lines of
enquiry. In addition, one further case was referred for review by POL’s Criminal Lawyers,
Peters & Peters — POL vs Elena Herd.
Project Phoenix has been initiated to review these historic POL investigations.
Update from Merits Assessment Panel on the 24/10/2023.
On the 24" October 2023 a Merits Assessment Panel convened to consider the Combined
Merits Assessment Report for existing POL employee - SB. Recommendations 4A within
this report was agreed by the panel - That an additional 8 cases to be heard before the
Public Inquiry on the 7" November 2023 during the evidence of SB are added to the 32
cases already referred to Project Phoenix. This broader approach will assist in achieving a
better understanding of the wider risks to POL from concerns relating to SB's alleged
behaviour.
Update from Merits Assessment Panel on 24/11/23.
On Fri 24° of November 2023 a merits assessment panel convened to consider the
Combined Merits Assessment Report(s) for existing POL employees CK and DS.
Recommendation 15(a) in the CK report was accepted by the panel. This recommended
that 3 additional cases were added to the 40 already referred to Project Phoenix. This is
consistent with the decision and rationale above relating the SB report recommendations
Project Phoenix now has a total of 43 cases to review.
Update from Merits Assessment Panel 16/02/24
On Fri 16 February 2024 the Merits Assessment Panel convened to consider the
recommendation in respect of 3 further cases relating to RD (Current employee) and two
further cases relating to SB. The recommendation was to add the 3 additional cases to the
43 in order to maintain a consistent approach to case adoption. The Panel agreed to add
the 3 cases. Project Phoenix now has a total of 46 cases to review.
Update from Merits Assessment Panel 29/05/24
On Wed 29 May 2024 the Merits Assessment Panel reviewed an email request to consider
the recommendation in respect of 1 additional case relating to SB (Current employee). The
recommendation was to add the additional case to the 46 in order to maintain a consistent
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approach to case adoption. The Panel agreed to add the case. Project Phoenix now has a
total of 47 cases to review.
Aim
The aim of this project is to:
1. Review the quality, standard and effectiveness of the 47 investigations referred to
Assurance & Complex Investigations (A&Cl) against national standards,
professional practice, and legislative requirements at the relevant time.
2. Assess the conduct of the POL investigator(s) against law, legislation, policies,
procedures, and nationally recognised best practice in place at the relevant time.
3. Produce a report including recommendations relating to each case reviewed to a
Merits Assessment Panel.
Scope:
To achieve the Aim, the review team will review all discoverable material relating to the
cases that are held by POL, Peters & Peters, or other third parties supporting POL’s Inquiry
Team.
This review will seek to determine if the investigation for each of the cases was thorough
and that all reasonable lines of enquiry were followed:
Paying particular attention to:
«The initiation of the investigation to include initial lines of enquiry and the
investigation strategy.
¢ Qualification and/or experience of the investigators conducting the investigation or
making decisions relating to the investigation.
« The recovery and consideration of all relevant material.
« Disclosure obligations and the adherence to the Criminal Procedures &
Investigations Act 1996 and associated Codes.
* The conduct of interviews under caution and more widely compliance with the Police
and Criminal Evidence Act 1984 and associated Codes.
« Applying the Principles of the Human Rights Act 1998.
« The detail and extent of an Investigation Strategy, particularly in respect of:
= The scope of the investigation.
= The offences under consideration.
= Any changes to the scope and considered offences made during the
investigation up until a charging/summons decision was made.
"The approach taken with post-masters and witnesses.
= Exhibit management throughout the investigation phase.
e Oversight and supervision of each of the cases.
* Consideration of alternative outcomes and lines of enquiry including the seeking of
advice from senior investigators, managers, and/or legal practitioners.
e Establish that the conduct of the investigation was fair, balanced, justified,
proportionate, legal, accountable, necessary, and ethical and conducted in
accordance with the values and standards expected of any professional
investigator.
Paying particular attention to:
= Treatment of the post-masters in all interactions but particularly in the
interviews under caution.
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= Manner of questioning during interview under caution.
= Wider conduct of the investigators throughout the case.
= Professionalism of the investigation team, particularly
= Assessing whether they applied an unbiased, open-minded
approach; and
= Clearly considered obtaining all evidence to accurately
establish the facts of the case.
Out of Scope
A review of any material produced after charge or issuing of summons and the role
of the prosecutor post-charge/summons.
Next Step Options
The below list of next steps is likely to form the recommendations made by A&CI to the
Merits Assessment Panel. Neither the A&CI or Merits Assessment Panel is limited to the
contents of this option list and may choose to direct next steps outside of, or in addition to,
the options below.
A&CI to interview current staff member(s) linked to the matter and report back to the
Merits Assessment Panel.
A&Cl staff to obtain further documentary evidence or information and report back to
the Merits Assessment Panel.
Employee Relations to consider and progress a conduct investigation relating to
current staff member(s) and report back to the Merits Assessment Panel.
A&CI or POL Inquiry Team to consult with law enforcement agencies to test
evidence.
Signed:
John Bartlett Daniel Saunders
Director of A&CI Project Phoenix Lead
Senior Investigations Manager
TOR Revised - Date: 29/05/2024