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Horizon IT Scandal: Postmasters await justice today

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  • DoctorStrangelove
    replied
    Originally posted by JustKeepSwimming View Post
    Can hate on the Yanks, but constitutional violations would easily run 5 figures.
    Aye, it really makes up for all that tulip when you're black & dead.

    Leave a comment:


  • JustKeepSwimming
    replied
    Originally posted by cojak View Post

    Yes, the PO has additional rights. Remember that they are older than modern Parliament and the Police. The first Postal Act of Parliament was in 1658 https://www.thesocialhistorian.com/royal-mail-history/

    So they have all sorts of powers that haven’t been rolled back despite them now being a private company. Labour should take a long hard look at the PO after this.
    Look it's not longer the case.

    https://hansard.parliament.uk/lords/...secutionPowers

    Lord Arbuthnot of Edrom:To ask Her Majesty’s Government what recent assessment they have made of the Post Office’s powers to conduct prosecutions.
    The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy and Northern Ireland Office (Lord Duncan of Springbank): My Lords, the Post Office’s powers to bring a private prosecution, which fall under Section 6(1) of the Prosecution of Offences Act 1985, are not specific to that company. It has the same right as any other person, whether an individual or a company, to bring a private prosecution.
    Personally I think we should keep private prosecutions. They are a point of access to the justice system for ordinary citizens, even if rarely used. The failings here are obviously on PO, but also on the courts. Although as the link shows, bringing quasi-government entities under Attorney General makes absolute sense.

    Also, the compensation in this country for official oppression is absurd. Unlawfully arrested and put in a cell for 12 hours and you'll be lucky to see £2.5k, years after the fact. Can hate on the Yanks, but constitutional violations would easily run 5 figures.
    Last edited by JustKeepSwimming; 8 January 2024, 22:46.

    Leave a comment:


  • JustKeepSwimming
    replied
    Originally posted by cojak View Post

    Yes, the PO has additional rights. Remember that they are older than modern Parliament and the Police. The first Postal Act of Parliament was in 1658 https://www.thesocialhistorian.com/royal-mail-history/

    So they have all sorts of powers that haven’t been rolled back despite them now being a private company. Labour should take a long hard look at the PO after this.
    Thought that might be the case. Lot of people don't appreciate how the legal system evolved in countries like ours, especially when you compare to the civil law jurisdictions, lot of archaic laws floating about. Mail being the only form of communication back in the day it was fundamental to the State and came with hefty powers and protections.

    Post Office was spun off from Royal Mail at privatisation, it solely owned by Government. I imagine that means we are liable for all the compensation rather than Royal Mail shareholders.

    Leave a comment:


  • cojak
    replied
    Originally posted by JustKeepSwimming View Post

    I'm not sure if Post Office given it's legal status has additional rights or if they were just using the bog standard rights you and I have.

    There is a safeguard in that the CPS can take over a private prosecution, instruct the Police to gather evidence with the view to prosecute themselves or discontinue it entirely. Theoretically there is a safeguard on that via judicial review.
    Yes, the PO has additional rights. Remember that they are older than modern Parliament and the Police. The first Postal Act of Parliament was in 1658 https://www.thesocialhistorian.com/royal-mail-history/

    So they have all sorts of powers that haven’t been rolled back despite them now being a private company. Labour should take a long hard look at the PO after this.

    Leave a comment:


  • cojak
    replied
    Originally posted by dsc View Post

    Wasn't there a way to manually check if all money is accounted for? also, what happened to innocent until proven guilty? (badly tested) software showing numbers isn't exactly solid proof especially as the number of people accused was so large.
    I wonder what it was they were shredding/wiping? It wouldn’t be test results/Incident tickets, would it?

    Leave a comment:


  • vetran
    replied
    Originally posted by DoctorStrangelove View Post
    Sounds remarkably like "malicious prosecution" & Harassment to me. .
    totally agree.

    The Register & Computer weekly have been shouting about this for decades the Government should have acted.

    Leave a comment:


  • vetran
    replied
    Originally posted by dsc View Post

    What the hell is a private prosecution? Fecking hell this is beyond unreal really, surely there's a body that should now counter sue the feckers for making the whole thing up?

    RSPCA are big on this. But anyone can, seems parliament knew in 2020 but didn't care!

    https://publications.parliament.uk/p.../497/49704.htm

    Shocked I tell you.

    Leave a comment:


  • JustKeepSwimming
    replied
    Originally posted by dsc View Post

    What the hell is a private prosecution? Fecking hell this is beyond unreal really, surely there's a body that should now counter sue the feckers for making the whole thing up?
    What it sounds like. Private individuals/entities can bring a criminal prosecutions the same way the CPS can. Remember our legal history is very old, and things like CPS and police are relatively modern.

    I'm not sure if Post Office given it's legal status has additional rights or if they were just using the bog standard rights you and I have.

    There is a safeguard in that the CPS can take over a private prosecution, instruct the Police to gather evidence with the view to prosecute themselves or discontinue it entirely. Theoretically there is a safeguard on that via judicial review.
    Last edited by JustKeepSwimming; 8 January 2024, 15:32.

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  • DoctorStrangelove
    replied
    Sounds remarkably like "malicious prosecution" to me. .

    Leave a comment:


  • dsc
    replied
    Originally posted by WTFH View Post

    Basically "Computer says you stole a load of money, computer cannot be wrong. Prove to us that you didn't"
    Wasn't there a way to manually check if all money is accounted for? also, what happened to innocent until proven guilty? (badly tested) software showing numbers isn't exactly solid proof especially as the number of people accused was so large.

    Leave a comment:

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