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Criminal « Cases « Reviews Commission + /®.
Ms J Swinson MP
Parliamentary Under Secretary of State
Department for Business Innovation and Skills,
1 Victoria Street Your ref:
London Our ref:
SW1H OET
31 March 2015
Dear Ms Swinson,
Post Office Horizon Computer System
As you may be aware, the Criminal Cases Review Commission (“the
Commission”) is the independent statutory body charged with investigating
alleged miscarriages of criminal justice in England, Wales and Northern Ireland.
The Commission was created by the Criminal Appeal Act 1995 and, in order to
assist in the exercise of its functions, the Commission was given the statutory
power to require the production or preservation of any material in the
possession or control of a public body (sections 17 and 22 of the Act).
The Commission has recently received a number of applications from
individuals who allege that their convictions are unsafe as a result of issues with
the Post Office Horizon system.
The Commission believes that the Department for Business, Innovation and
Skills may have documents or other material which would assist the
Commission in the exercise of its functions. The Commission does not require
sight of that material at this stage, but I should be grateful if you would ensure
that any such material is preserved. Where the Commission directs a person to
preserve material this means that it must not be destroyed, damaged or altered
before the direction is withdrawn.
The duty to comply with a requirement under section 17 of the Act is not
affected by any obligation of secrecy or other limitation on disclosure. However,
it may reassure you to know that section 23 of the Act 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, for your records. I should be very grateful if you would confirm
receipt.
5466 Birmingham 41
w: www.ccrc.gov.uk
ice in England, Wales and Northern Ireland
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The Commission recognises that this may cause the Department some
inconvenience and we 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.
Yours sincerely.
GRO I
“Amanda Pearce
Casework Group Leader
i
UKGI00004093
UKG100004093
CCRC
Criminal « Cases « Reviews Commission
CCRC Ref: Post Office (Horizon)
Name of Public Body: Department for Business, Innovation and Skills
I confirm that:
e all documents and other materials relating to the Post Office Horizon
system have been preserved.
The appropriate contact person regarding this material is:
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Please return this form to:
Amanda Pearce,
Criminal Cases Review Commission, 5 St Philip's Place, Birmingham, B3 2PW.
5 St Philip’s Place, Birmingham B3 2PW, DX 715466 Birmingham 41
f: Ww: WWw.ccre.gov.uk
Of justice in England, Wales and Northern Ireland
The independent public body which investigates possible miscarriag
UKGI00004093
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CCRC
Criminal « Cases * Reviews Commission
Legal requirement to preserve material for the
Criminal Cases Review Commission
To: The Parliamentary Under-Secretary of State
Department for Business, Innovation and Skills
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 preserve all material relating to the Post
Office Horizon system.
The Commission makes a direction under section 17(2) Criminal Appeal Act
1995 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)
GRO
Salt GT THE COMMISSION
Signed:
on
Dated: 31 March 2015
5 St Philip's Place,
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The independent public body which inve:
Birmingham 41
w: www.ccre.gov.uk
fiages of justice in England, Wales and Northern Ireland