Independent review into the Criminal Cases Review Commission published
Multiple inquiries were opened into the Criminal Cases Review Commission following Andrew Malkinson’s successful appeal of a rape conviction from 2004. This included an independent review by Chris Henley KC, which concluded in April 2024 and has now been published.
Background of the case
In the early 2000s, Andrew Malkinson was convicted of rape and sentenced to life in prison. 5 years later, following new DNA evidence, he applied for his case to be reviewed by the Criminal Cases Review Commission (CCRC). This was refused in 2012. A 2018 application was also refused. At the third time of asking, his case was referred to the Court of Appeal in January 2023, with the successful overturning of Mr Malkinson’s conviction in July 2023.
What was the outcome of the review?
Originally, an independent review into the handling of Mr Malkinson’s case by the CCRC was scheduled for completion in October 2023. However, delays in gathering evidence and the sheer scale of the review meant it was pushed back several times before being presented to the CCRC in April 2024.
Serious criticisms were made of the CCRC’s processes and conclusions, especially in relation to the DNA evidence that had proven so important for Mr Malkinson’s appeal, and Chris Henley KC has made several recommendations for improvements going forward. He also criticised the “drift” in handling Mr Malkinson’s applications, meaning there was not consistent progress towards their determination, as well as identifying the contribution limited resources may have made to failings. The chairman of the CCRC issued an apology when the findings of the review were presented, saying that “the Commission failed Mr Malkinson” and that work was underway to implement the review’s recommendations.
Other inquiries into the CCRC and Greater Manchester Police remain ongoing.
Who were the lawyers on the case?
The successful appeal involved some of London’s best criminal barristers. Acting for Mr Malkinson were Edward Henry KC and Max Hardy; for the Crown Prosecution Service were John Price KC and Peter Grieves-Smith, who is employed by the CPS.
These and other barristers appear in Chambers UK Bar’s Crime rankings here.
