Scottish sub-postmasters may have to wait longer to have their convictions overturned than their counterparts in England and Wales, the Justice Secretary has warned.
In a letter to Holyrood Criminal Justice committee, Angela Constance said it was “unclear” why the UK Government’s landmark legislation would only apply south of the border.
She told MSPs she had written to Business Minister Kevin Hollinrake to “make clear the Scottish Ministers’ position that a single Bill applying across all the jurisdictions of the UK is the best way to ensure that there is a quick, fair and equal solution for all affected sub-postmasters.”
READ MORE: Scottish ministers will need to find own solution to Horizon scandal
In a written ministerial statement last month. Mr Hollinrake said that because prosecutions north of the border were undertaken by the Crown Office and Procurator Fiscal Service, it would be up to the Scottish Parliament to pass appropriate legislation.
Humza Yousaf had previously said his preferred way to clear the name of all those affected by the dodgy software in Scotland would be to pass a Legislative Consent Motion to allow the UK Government's legal fix to apply north of the border.
However, Lord Advocate Dorothy Bain KC undermined that commitment, telling MSPs that there would be no quick solution and that it was “imperative that due process is followed.”
She said the “right process” for people to clear their names was through the Scottish Criminal Cases Review Commission (SCCRC) and the High Court of Appeal.
More than 700 Post Office branch managers around the UK were prosecuted between 1999 and 2015, including around 60 in Scotland.
It's thought that another 3,000 former Post Office workers across the UK could also be affected. Many of them will have lost their jobs and incomes.
READ MORE: Horizon scandal: Constance requests meeting with UK minister
In her letter to the Committee, Ms Constance said while she hoped for a change of position from Whitehall, she was “working to develop equivalent legislation to be introduced in the Scottish Parliament to reverse the convictions of sub-postmasters convicted in the Scottish courts to ensure that they are not disadvantaged if the UK Government does not change its position on this matter.”
She added: “It is worth noting however, that some delay may be inevitable as any legislation would have to be passed after the UK Bill has been passed, to ensure full compatibility with UK legislation and access to the UK compensation scheme for wrongly convicted sub-postmasters, in which the Scottish Government and Parliament have no locus.”
Ms Constance also warned that aspects of any Scottish Legislation would not be “fully effective without further secondary legislation in the UK Parliament.”
In a separate letter to Mr Hollinrake, she urged the minister to “reconsider the scope of this legislation so that it can apply across the UK.“ She added: “The cause of these wrongful convictions, wherever they occurred, is the defective Post Office Horizon IT system and the failure of the Post Office to disclose relevant information to prosecutors.
“This has infected cases across the UK. Responsibility for overseeing the Post Office is of course a matter for the UK Parliament and Government.
“It is important that convictions in Scotland are treated in exactly the same way as those in the other jurisdictions of the UK to ensure that those affected are able to access compensation”
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