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A court has been told Scottish sub-postmasters who were given a criminal record as a result of the Post Office scandal have been placed in an “intolerable” position by politicians promising to pardon victims.

Around 100 Scots were criminalised due to the faulty computer system but only four have so far been successful in overturning their convictions.

In England and Wales, the Post Office acted as a private prosecutor in all cases but the legal system in Scotland is different. Scotland’s public prosecution service, the Crown Office, oversaw cases.

It has emerged the Crown Office first became aware of issues linked to the Horizon system in 2013. It stopped pursuing new cases in 2015.

Officials have been so far unable to answer any questions publicly on the scandal.

The Court of Criminal Appeal in Edinburgh is currently dealing with a case involving several sub-postmasters sent by the Scottish Criminal Cases Review Commission (SCCRC).

The body investigates potential miscarriages of justice, and it is believed that issues surrounding six sub-postmasters should be looked at by appeal judges.

The six were entitled to appeal against the convictions for crimes of dishonesty arising from their roles as sub-postmasters at the Post Office.

The SCCRC referred the cases of Aleid Kloosterhuis, 64; William Quarm, who has died; Susan Sinclair, 57; Colin Smith, 62; Judith Smith, 60; and Rab Thomson, 64, to the appeal court in Scotland.

Read more stories from victims of the scandal

The SCCRC concluded that the five who pleaded guilty over apparent shortfalls in the Horizon system did so in circumstances that were, or could be said to be, clearly prejudicial to them.

Advocate Fred Mackintosh KC told the appeal court on Friday that he is concerned his client Ms Kloosterhuis may have to abandon her formal bid to have her name cleared.

He said he didn’t have enough information on UK and Scottish government proposals to pardon postmasters who were convicted of wrongdoing based on evidence provided by the Horizon computer system.

Mr Mackintosh said he believed the proposed pardon scheme might exclude those postmasters who have failed to clear their names through established legal routes.

He told the court he may have to advise Ms Kloosterhuis that she may have to abandon her appeal. This was because that if she were to lose her appeal, she would be excluded from the newly announced system by Prime Minister Rishi Sunak.

He said: “The government still does not know what to do with existing appeals and it has placed sub-postmasters in an intolerable position of whether to abandon appeals now or run the risk of losing and being totally excluded from the scheme.

“It would be of great assistance if the Crown – or indeed the government – could articulate some clarity as to what the scheme entails.

“Otherwise, we are in the position where we have to tell clients that we may have to abandon the appeals.”

Read more:
What is the Post Office scandal?
Investigators ‘offered bonuses’ to prosecute sub-postmasters

Earlier this week, first minister Humza Yousaf said everyone convicted in Scotland because of Horizon should be pardoned.

He spoke after Mr Sunak announced plans to introduce a new law that will quash convictions in England and Wales.

The legislation would not normally affect Scotland, but Mr Yousaf said he was open to using a Legislative Consent Motion that would allow it to also apply north of the border.

Mr Yousaf added that those affected “can be absolutely assured” they will be pardoned.

On Friday, a lawyer representing one victim said the court was being placed under “unconscionable pressure” by the statements made in recent days by the politicians.

He wanted a delay in proceedings so he could find out more information about the proposed political solutions.

But Lady Dorrian interrupted his submission and said: “The court will be not affected by that.”

Rab Thomson pleaded guilty in 2004 at Alloa Sheriff Court, to one charge of embezzlement.

On Thursday, he told Sky News he had tried to take his own life after living with the nightmare for decades.

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‘I got sectioned because of scandal’

The father-of-two’s advocate Wendy Culross told the court it was approaching the 20th anniversary of her client being accused of wrongdoing.

She said she had consulted with him, and he wanted to press on with his appeal.

Ms Culross added: “He advises me that his solely focused on clearing his name rather than being a part of any compensation claim.

“He is very clear on that. All he wants to do is clear his name.”

After Friday’s developments, an emotional Mr Thomson told Sky News the pressure is mounting, and his mental health is suffering the longer the agony is prolonged.

His appeal will finally be heard on 1 February.

Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK

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Starmer and Reeves ditch plans to raise income tax in budget

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Starmer and Reeves ditch plans to raise income tax in budget

Sir Keir Starmer and Rachel Reeves have scrapped plans to break their manifesto pledge and raise income tax rates in a massive U-turn less than two weeks from the budget.

The decision, first reported in the Financial Times, comes after a bruising few days which has brought about a change of heart in Downing Street.

I understand Downing Street has backed down amid fears about the backlash from disgruntled MPs and voters.

The Treasury and Number 10 declined to comment.

The decision is a massive about-turn. In a news conference last week, the chancellor appeared to pave the way for manifesto-breaking tax rises in the budget on 26 November.

She spoke of difficult choices and insisted she could neither increase borrowing nor cut spending in order to stabilise the economy, telling the public “everyone has to play their part”.

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‘Aren’t you making a mockery of voters?’

The decision to backtrack was communicated to the Office for Budget Responsibility on Wednesday in a submission of “major measures”, according to the Financial Times.

Tory shadow business secretary Andrew Griffith said: “We’ve had the longest ever run-up to a budget, damaging the economy with uncertainty, and yet – with just days to go – it is clear there is chaos in No 10 and No 11.”

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Economy grew by 0.1% in third quarter, official figures show

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Economy grew by 0.1% in third quarter, official figures show

The UK’s economic slowdown gathered further momentum during the third quarter of the year with growth of just 0.1%, according to an early official estimate that makes horrific reading for the chancellor.

The Office for National Statistics (ONS) reported a surprise contraction for economic output during September of -0.1% – with some of the downwards pressure being applied by the cyber attack disruption to production at Jaguar Land Rover.

The figures for July-September followed on the back of a 0.3% growth performance over the previous three months and the 0.7% expansion achieved between January and March.

Money latest: The £110 benefit 1.1 million older Britons don’t claim

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Growth ‘slightly worse than expected’

The encouraging start to 2025 was soon followed by the worst of Donald Trump’s trade war salvoes and the implementation of budget measures that placed employers on the hook for £25bn of extra taxes.

Economists have blamed those factors since for pushing up inflation and harming investment and employment.

ONS director of economic statistics, Liz McKeown, said: “Growth slowed further in the third quarter of the year with both services and construction weaker than in the previous period. There was also a further contraction in production.

More on Rachel Reeves

“Across the quarter as a whole, manufacturing drove the weakness in production. There was a particularly marked fall in car production in September, reflecting the impact of a cyber incident, as well as a decline in the often-erratic pharmaceutical industry.

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What next for the UK economy?

“Services were the main contributor to growth in the latest quarter, with business rental and leasing, live events and retail performing well, partially offset by falls in R&D [research and development] and hair and beauty salons.”

When measured by per head of population- a preferred measure of living standards – zero growth was registered during the third quarter.

The weaker-than-expected figures will add fuel to expectations that the Bank of England can cut interest rates at its December meeting after November’s hold.

The vast majority of financial market participants now expect a reduction to 3.75% from 4% on 18 December.

Data earlier this week showed the UK’s unemployment rate at 5% – up from 4.1% when Labour came to power with a number one priority of growing the economy.

Since then, the government’s handling of the economy has centred on its stewardship of the public finances.

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Chancellor questioned by Sky News

The chancellor was accused by business groups of harming private sector investment and employment through hikes to minimum wage levels and employer national insurance contributions.

The Bank has backed the assertion that hiring and staff retention has been hit as a result of those extra costs.

There is also evidence that rising employment costs have been passed on to consumers and contributed to the UK’s stubbornly high rate of inflation of 3.8% – a figure that is now expected to ease considerably in the coming months.

Rachel Reeves has blamed other factors – such as Brexit and the US trade war – for weighing on the economy, leaving her facing a similar black hole to the one she says she inherited from the Conservatives.

Her second budget is due on 26 November.

Read more:
Chancellor’s own goals have exacerbated budget challenges
Starmer hints two-child benefit cap to be axed in budget
Will Reeves repeat Denis Healey’s 1975 horror budget?

She said of the latest economic data: “We had the fastest-growing economy in the G7 in the first half of the year, but there’s more to do to build an economy that works for working people.

“At my budget later this month, I will take the fair decisions to build a strong economy that helps us to continue to cut waiting lists, cut the national debt and cut the cost of living.”

Shadow chancellor Sir Mel Stride responded: “Today’s ONS figures show the economy shrank in the latest month, under a Prime Minister and Chancellor who are in office but not in power.”

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Scottish government yet to pay up after losing legal battle over definition of a woman

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Scottish government yet to pay up after losing legal battle over definition of a woman

The Scottish government and For Women Scotland’s long-running legal battle over the definition of a woman is yet to come to a close.

For Women Scotland (FWS) won the case in April when the country’s highest court ruled “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.

The Scottish government was ordered to pay a portion of the campaign group’s legal costs.

FWS told Sky News the bill of costs for the Supreme Court element of the case was more than £270,000, however various parts have reportedly been disputed by the Scottish government.

That has now been submitted to the court for determination and a decision is awaited.

Pic: PA
Image:
Pic: PA

The Outer and Inner House element of the case at the Court of Session in Edinburgh was said to be more than £150,000.

Trina Budge, co-director of FWS, said the group is also due an uplift – a small percentage of the final expenses awarded.

More on John Swinney

Ms Budge claimed Scottish ministers are yet to enter into any negotiations on settlement and a date has been set in January for a hearing before the Auditor of the Court of Session to confirm the amount the government will have to pay.

Ms Budge said: “The delay always suits the paying party but I think it’s quite unusual to decline to enter into any discussions at all.

“It’s highly likely this is a deliberate tactic in the hope of starving us of funds to prevent us continuing our latest case on the lawfulness of housing male prisoners on the female estate.

“However, it should come as no surprise to the government that we have massive support and we will, of course, be continuing regardless of any sharp practices.”

Susan Smith and Marion Calder, co-directors of For Women Scotland, outside the Supreme Court in London in April. Pic: PA
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Susan Smith and Marion Calder, co-directors of For Women Scotland, outside the Supreme Court in London in April. Pic: PA

It is understood the bill of costs for the Supreme Court case was lodged by FWS in August, while the expenses linked to the Court of Session action was submitted in September.

Figures revealed by a recent Freedom of Information (FOI) request show the Scottish government has spent at least £374,000 on the case.

Final costs are yet to be confirmed but will be published once complete.

A Scottish government spokesperson said: “There is an established process to be undertaken to agree the final costs for a legal case and these will be calculated and published in due course.”

In August, FWS lodged fresh action at the Court of Session.

The group claimed Holyrood’s guidance on transgender pupils in schools and the Scottish Prison Service’s (SPS) policy on the management of transgender people in custody were both in “clear breach of the law” and “inconsistent” with the Supreme Court judgment.

The following month, the Scottish government issued updated guidance which said schools across the nation must provide separate toilets for boys and girls on the basis of biological sex.

If possible, schools can also provide gender neutral toilets for transgender students.

However, court proceedings continue over transgender prisoners.

Current SPS guidance allows for a transgender woman to be admitted into the female estate if the inmate does not meet the violence against women and girls criteria, and there is no other basis “to suppose” they could pose an “unacceptable risk of harm” to those also housed there.

First Minister John Swinney and Justice Secretary Angela Constance have both dodged questions on the case, citing it would be inappropriate to comment on live court proceedings.

Justice Secretary Angela Constance and First Minister John Swinney. Pic: PA
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Justice Secretary Angela Constance and First Minister John Swinney. Pic: PA

On Tuesday, Ms Constance was accused by former Scottish Tory leader Douglas Ross of “misleading” Holyrood, saying she could give full answers under contempt of court legislation.

Scottish Tory MSP Tess White, the party’s equalities spokesperson, added she was “spine-chillingly concerned” of a repeat of the Isla Bryson case.

The case of Isla Bryson sparked a public outcry after the double rapist was sent to a women-only prison. Pic: PA
Image:
The case of Isla Bryson sparked a public outcry after the double rapist was sent to a women-only prison. Pic: PA

Bryson, a transgender woman born Adam Graham, was initially sent to a women-only prison despite being convicted of raping two women.

The offender was later transferred to the male estate following a public outcry.

Speaking to Sky News, Ms White said: “John Swinney was quick to waste taxpayers’ money fighting a case which confirmed what the vast majority of the public knew beforehand: a woman is an adult human female.”

The MSP for North East Scotland urged the SNP administration to “pay up and finally respect the clear judgment from the Supreme Court”.

A Scottish government spokesperson said: “It is the Scottish government’s long-held position that it is inappropriate for Scottish ministers to comment on live litigation.

“In all cases, we have an obligation to uphold the independence of the judiciary. We do not want the government to ever be seen as interfering in the work of the independent courts.”

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