The Bill overturns convictions relating to the period when the Post Office was using the Horizon IT system.
This is a Government bill
The Bill became an Act on 13 June 2024
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill relates to offences of dishonesty that were prosecuted in Horizon-related cases. Any convictions for such offences will be overturned on the day that the Bill comes into force.
Scottish Ministers must take reasonable steps to identify the convictions which will be overturned. Ministers will be given the power to request information from relevant bodies to do this.
Scottish Ministers will also need to take steps to notify anyone whose conviction has been overturned. Where a person has died, their personal representatives should be notified.
Scottish Ministers will also have powers to tell Police Scotland to delete records of any alternative to prosecution given for a Horizon-related crime.
In March, the UK Government introduced the Post Office (Horizon System) Offences Bill to overturn convictions for Horizon-related offences. The Scottish Government is introducing this Bill to cover offences prosecuted in Scotland.
Post Office (Horizon System) Offences (Scotland) Bill as introduced (424KB, pdf) posted 14 May 2024
Explanatory Notes (170KB, pdf) posted 14 May 2024
Policy Memorandum (227KB, pdf) posted 14 May 2024
Financial Memorandum (235KB, pdf) posted 14 May 2024
Delegated Powers Memorandum (106KB, pdf) posted 14 May 2024
Statements on legislative competence (110KB, pdf) posted 14 May 2024
Explanatory Notes (217KB, pdf) posted 14 May 2024
Policy Memorandum (286KB, pdf) posted 14 May 2024
Financial Memorandum (219KB, pdf) posted 14 May 2024
Delegated Powers Memorandum (213KB, pdf) posted 14 May 2024
Statements on legislative competence (162KB, pdf) posted 14 May 2024
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research Briefing on the Post Office (Horizon System) Offences (Scotland) Bill
The Bill was introduced on 14 May 2024
The Parliament agreed that the Post Office (Horizon System) Offences (Scotland) Bill should be treated as an Emergency Bill at the meeting of the Parliament on 15 May 2024.
Read the minutes of proceedings (187KB, pdf) posted 15 May 2024
At Stage 1, an Emergency Bill shall be referred immediately to the Parliament for consideration of its general principles.
An Emergency Bill is a Government Bill that needs to be enacted more quickly than the normal timetable allows.
An Emergency Bill must be introduced as a Government Bill first and then the Parliament must agree to treat it as an Emergency Bill. Stages 1 to 3 of an Emergency Bill are all taken on the same day unless the Parliament agrees to an alternative timescale.
At Stage 1, the Bill is referred immediately to the Parliament to consider the general principles. There is no committee consideration and report on the general principles.
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 20 May 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to Kevin Hollinrake MP, Minister for Enterprise, Markets and Small Business. 18 April 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 7 March 2024
A Stage 1 debate took place on 21 May 2024 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 21 May 2024
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
At Stage 2, an Emergency Bill shall be taken by a Committee of the Whole Parliament.
Documents with the amendments considered at the meeting held on 23 May 2024:
Marshalled List of amendments for Stage 2 (296KB, pdf) posted 22 May 2024
Groupings of amendments for Stage 2 (326KB, pdf) posted 22 May 2024
During a Committee of the Whole Parliament, MSPs meet in the Chamber but operate under committee procedure, and with the Presiding Officer acting as convener.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
The Bill ended Stage 2 on 23 May 2024
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Read additional research done by the Scottish Parliament on specific parts of the Bill.
Research Briefing on the Post Office (Horizon System) Offences (Scotland) Bill prior to Stage 3
Documents with the amendments considered at the meeting held on 30 May 2024:
Marshalled List of amendments for Stage 3 (234KB, pdf) posted 29 May 2024
Groupings of amendments for Stage 3 (258KB, pdf) posted 29 May 2024
Post Office (Horizon System) Offences (Scotland) Bill as passed (449KB, pdf) posted 30 May 2024
Result 116 for, 0 against, 0 abstained, 13 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 30 May 2024
The Bill was passed on 30 May 2024 and became an Act on 13 June 2024.