Policy paper

Bill overview factsheet: Post Office (Horizon System) Offences Bill

Updated 30 April 2024

Applies to England and Wales

What the Post Office (Horizon System) Offence Bill is going to do

The legislation will quash convictions of those affected by the Post Office Horizon scandal.  

This will result in the quashing of hundreds of convictions which will clear the names of many people who have had their lives ruined and secure the justice they deserve. As a result, those whose convictions have been quashed will be able to more quickly and efficiently seek fair and full redress to help rebuild their lives. 

The government is clear that given the factually exceptional nature of this case, this legislation does not set a precedent for the future relationship between the executive, Parliament and the judiciary. The judiciary and the courts have dealt swiftly with the cases before them, but the scale and circumstances of this miscarriage of justice makes it necessary to take extraordinary action.

How the Bill will work

The new legislation will quash all convictions which meet clear and objective conditions. Convictions will be quashed at Royal Assent, without the need for people to apply to have their conviction overturned.   

Those conditions are:  

• the case was prosecuted by the Post Office or the Public Prosecution Service, the Police Service of Northern Ireland, the Director of Public Prosecutions for Northern Ireland or the Public Prosecution Service for Northern Ireland
• the offence was committed between 23 September 1996 and 31 December 2018
• the offence was a relevant offence as specified in the legislation (including theft, fraud, money laundering, false accounting, offences specific to Northern Ireland and ancillary offences)
• the individual in question was running or working in a Post Office (whether under a contract of employment or otherwise), that was using the Horizon system at the time of the alleged offence
• that the conviction has not already been considered by the Court of Appeal in England and Wales or the Northern Ireland Court of Appeal
• that the conviction has not already been considered by the Court of Appeal.  

The Bill includes a duty on the Secretary of State to take all reasonable steps to identify convictions that have been quashed and a duty to notify the convicting court so that records can be updated. The Bill also provides for records of cautions for relevant offences to be deleted. 

How the Bill will affect financial redress for affected subpostmasters

We are taking steps to provide the most efficient route to full, fair and rapid financial redress for quashed convictions and ensure compensation is paid to eligible individuals as quickly as possible. This will be paid on the same basis across the UK, regardless of where or how the conviction was quashed. 

Subject to safeguards to mitigate the risk of fraud, these individuals will become eligible for compensation. This includes the upfront offer of £600,000 or to claim more via the individual claim assessment process.     

How will these measures apply across the United Kingdom  

The provisions in the Bill apply to England, Wales, and Northern Ireland. Parliament has expanded the scope of the Bill to Northern Ireland, as it has become apparent that the Northern Ireland Executive cannot rapidly legislate to overturn the convictions of Postmasters in Northern Ireland. This would mean that postmasters in Northern Ireland could have their convictions quashed significantly later than those in England and Wales, which would be unfair.

The approach for overturning the convictions in Scotland is most appropriately determined, delivered, and scrutinised by the Scottish Government and the Scottish Parliament. Scotland has an historically separate legal jurisdiction to England and Wales, and the Lord Advocate and Crown Office and Procurator Fiscal service had a unique role in respect of prosecutions in Scotland. Additionally, the Scottish Government do not have the same kind of obligations to consult on new legislation as in Northern Ireland or challenges resulting from the Northern Ireland Assembly not sitting for nearly 2 years which cause delay in that jurisdiction. 

The UK government will continue to to support the Scottish Government to enable them to progress their own approaches to overturn convictions in Scotland.