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19 January 2024 / Dr Graham Zellick CBE KC FAcSS
Issue: 8055 / Categories: Opinion , Criminal
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Post Office litigation: Return to sender?

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Graham Zellick believes the government is wrong to annul the subpostmasters’ convictions by legislation

After years of indifference and torpor concerning the improper prosecutions by the Post Office of its staff for theft, fraud and false accounting based on the defective Horizon IT system, rightly described by the Prime Minister as the worst miscarriage of justice scandal in British legal history, along comes a television drama (Mr Bates vs The Post Office), which overnight provoked the government into frenetic hyperactivity.

It all began promisingly enough, with the Lord Chancellor Alex Chalk stating that exceptional methods would be invoked only once it had been concluded that all other possibilities had been exhausted, and the senior judges would of course be consulted. Within a day or so, however, the government had nailed its colours to the mast of exceptionality, committing itself to a blanket quashing of the convictions by legislation—an unprecedented and unconstitutional process that is misguided, unnecessary and problematic.

If only it had drawn breath, thought more deeply and consulted more widely; if it had

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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