CCRC refers four more Post Office Horizon cases

The referrals bring to 51 the number of cases to be sent for appeal so far on grounds related to the Horizon computer system.  

Two cases have been referred to the Court of Appeal and two to the Crown Court.   The cases referred to the Court of Appeal are:   

Roger Allen, who pleaded guilty to theft at Norwich Crown Court on 7th April 2004 and was sentenced was six months’ imprisonment [1].   

and   

Pamela Lock, who pleaded guilty to false accounting at Swansea Crown Court on 1st November 2001 and was sentenced to 80 hours of unpaid work and ordered to pay, £26,071.53 compensation and £500 costs.     

 The cases referred to the Crown Court (because the convictions arose in a  magistrates court) are:   

Oyeteju Adedayo who pleaded guilty to false accounting at Medway Magistrates’ Court on 19th January 2006 and was sentenced to 50 weeks’ imprisonment suspended for 24 months with 12 months of supervision and 200 hours of unpaid work.   

and   

Parmod Kalia who pleaded guilty to theft at Bromley Magistrates’ Court on 17th December 2001 and was sentenced to six months’ imprisonment at Croydon Crown Court on 8th March 2002. 

Oyeteju Adedayo and Parmod Kalia are both represented by Hudgells Solicitors. Roger Allen and Pamela Lock are not represented at this stage.

 All the CCRC referrals so far have been made on the basis of an abuse of process argument concerning issues with the Post Office’s Horizon computer system which may have had an impact on the safety of the convictions.

Then CCRC believes the argument gives rise to a real possibility that the appeal courts will quash these convictions. More details about the circumstances of the convictions and the reasons for the CCRC referrals are set out in our first Post Office referrals press release from from 26th March 2020 which can be seen here: CCRC to refer 39 Post Office cases on abuse of process argument | Criminal Cases Review Commission.  

A  second press release, from  June 2020, about more Post Office referrals and related matters can be seen here: The CCRC refers eight more Post Office cases for appeal – bringing total to 47 so far | Criminal Cases Review Commission   

The CCRC is still working on a number of other Post Office cases. Following the most recent referrals, we currently have 12 Post Office cases under review and we have received a further eight new applications which are being considered.    

 Potential applicants in other Post Office cases

The CCRC is aware that the Post Office has identified several hundred prosecutions brought since the Horizon system was installed and that the Post Office is looking at those cases to see whether the CCRC referrals and/ or the High Court judgments, have any implications for post-trial prosecution disclosure.  

The CCRC’s position is that if anyone believes their criminal conviction may  be unsafe because of the impact on their case of problems with the Horizon computer system, they should consider challenging their conviction. 

If they have not already appealed and were convicted in a Crown Court or were convicted in a magistrates’ court after pleading not guilty, they can still appeal in the normal way (seeking leave from the court where necessary). Guidance and the necessary forms can be found here: 
www.gov.uk/appeal-against-sentence-conviction 

If they have already tried to appeal and failed, or pleaded guilty in a  magistrates court (from where there is no right of appeal against conviction 
following a guilty plea), they should consider applying to the CCRC for a  review of their Horizon-related conviction. Details of how to do so can be 
found on the CCRC website at www.ccrc.gov.uk 

[1] Mr Allen was prosecuted by Department for Work and Pension and not Post Office Limited.

This press release was issued by Justin Hawkins, Head of Communication at the Criminal Cases Review Commission. He can be reached on 07947 355 231 or e-mail press@ccrc.gov.uk   

Notes for editors 

1. The Commission is an independent body set up under the Criminal  Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.
2. here are currently nine Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
3. The Commission usually receives around 1,400 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the 
   CCRC has referred around 3% of applications to the appeal courts. 
4. The Commission considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld 
   were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.