If the government fails to overturn convictions of subpostmasters that used the Post Office Capture system, it will perpetuate a “most ghastly injustice”, a peer has said.
During a debate in the House of Lords, James Arbuthnot told the government that failure to overturn the convictions will prolong the injustice.
Arbuthnot, a long-time campaigner for subpostmasters who suffered at the hands of the Post Office when they experienced unexplained shortfalls on the infamous Horizon system, wants Capture users to be given the same route to appeal convictions as Horizon users.
In May 2024, following the broadcast of the ITV dramatisation of the Post Office scandal, the government introduced legislation to overturn about 900 convictions based on evidence from Horizon.
Later that year, the Horizon Compensation Advisory Board wrote to the secretary of state for justice urging the government to also legislate to overturn convictions of subpostmasters based on the Capture system.
The influential group, which includes Arbuthnot and Kevan Jones, who both campaigned for victims of the Post Office Horizon scandal for many years, wants similar legislation to that used to overturn wrongful convictions based on the controversial Horizon system.
A month before the group wrote to the secretary of state, an analysis by specialist forensic investigators concluded there is a “reasonable likelihood” that the Post Office’s Capture software caused accounting shortfalls for which the users were blamed.
CCRC appeal
But even after this report, those convicted were made to appeal through the Criminal Cases Review Commission (CCRC).
Arbuthnot said this was unfair, and told the government: “Given that the Post Office’s behaviour towards the Capture subpostmasters was every bit as bad as that towards the Horizon subpostmasters, and that we cannot expect Capture subpostmasters to have retained documents for over 25 years to present to the CCRC, will the minister acknowledge that for us to fail to overturn the Capture convictions perpetuates the most ghastly injustice?”
During the debate, Jones, fellow peer and campaigner for justice for subpostmasters, agreed: “There are 29 cases of individuals who were prosecuted. The government’s stance has been to refer them to the CCRC, which I do not think is the appropriate way of doing it.”
Jones, as an MP, was the first to highlight the plight of subpostmasters who suffered as a result of unexplained losses while using Capture in the 1990s, in the same way as those that used the Horizon system that followed it.
Peer Jason Stockwood, minister of state in the Department for Business and Trade and the Treasury, said: “The noble Lord will know that the legislation followed over 100 successful Horizon conviction appeals through the existing processes. However, as he mentions, no convictions related to Capture have been overturned to date. However, we must therefore allow the independent judiciary to consider safety of convictions through the established process, and we continue to support the work of the CCRC.”
One case has so far been sent by the CCRC to the Court of Appeal. In October 2025, the appeal of Patricia Owen, who died in 2003, was moved to the next stage. Owen pleaded not guilty to the theft of £6,000, but in 1998, was convicted and sentenced to six months’ imprisonment, suspended for two years, at Canterbury Crown Court.
But things are moving slowly. In July last year, it emerged that the CCRC had decided Owen’s case would be referred for appeal, but it did not formerly proceed until October. Owen’s family still await a decision.
Capture victims also find themselves in the slow lane when it comes to financial redress, with many claiming they are being treated as “second-class victims”.
There are also calls for Capture users to be treated in the same way as former Horizon users when it comes to financial redress.
Capture redress scheme
Last year, a redress scheme was established for those who suffered while using Capture, but it did not match the redress schemes for Horizon users.
The Capture redress scheme is offering initial payments of £10,000, with final award bands up to £300,000, with “exceptional cases” receiving payments above the upper limit.
The latest government figures reveal that 153 applications for redress have been made, 43 more than a month earlier. A total of 30 have so far been deemed eligible – 10 more than the previous month’s figures – and 123 are being assessed. So far, five cases have been settled financially, two have accepted offers and are awaiting payment, five are considering offers, and 18 are waiting for an offer.
Computer Weekly is aware that, so far, two cases are being considered “exceptional”.
Claim on pause
One former subpostmaster and Capture redress claimant has put his claim on pause after being offered just 7% of his professionally calculated claim. As revealed by Computer Weekly, Lee Bowerman, former subpostmaster in South Wales, lost his business more than 30 years ago.
In a letter to Department of Business and Trade minister Blair McDougall, he wrote: “Throughout every meeting, without exception, we were explicitly assured that there would be full parity with the Horizon redress schemes. These assurances were clear and repeated.
“They covered parity of approach to heads of loss, consequential losses, treatment of historic loss, valuation principles, recognition of prolonged harm and the appeal process.”
Bowerman formally requested his application be placed on pause “in light of the serious concerns”.
So far, over £1.4bn has been paid to more than 11,300 people that suffered as a result of faults in the Horizon system.
