Update to Chris Henley KC’s review

While work is well underway, the independent review into the Criminal Cases Review Commission’s investigations into Andrew Malkinson’s rape conviction will be received later than initially expected.

The review was commissioned by the CCRC and King’s Counsel Chris Henley has sole responsibility for its findings and recommendations. The Terms of Reference published in August stated that the report would be provided by 24 October.

Due to the complexity of the case and some review materials still awaiting receipt, Mr Henley has said that completion by the original date will not be possible. 

Mr Henley has been granted full access to the CCRC’s records on each of the investigations, and all staff and commissioners still in post are available to contribute to the review.

Material still awaiting receipt includes additional documents to those already supplied by Greater Manchester Police and further submissions Mr Malkinson’s representatives have requested to submit.

The CCRC will share the full report with the Lord Chancellor’s office and the findings will be made public within legislative constraints. The CCRC expects the review to be completed this calendar year. No date for publication has been set.

To read more about the review click here.

Notes to editors

1. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
2. In the last three reporting years (1 April 2020 to 31 March 2023), there have been 105 convictions or sentences overturned by the courts after being referred by the CCRC.
3. In the last reporting year (1 April 2022 to 31 March 2023), 1,424 people applied for the CCRC to review their case. In the previous year, 1,198 people applied to the CCRC.
4. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is funded by the Ministry of Justice.
5. There are currently 11 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice. 
6. The CCRC has three independent Non-Executive Directors. They are not CCRC employees but sit on the Board to provide independent advice, constructive challenge and scrutiny of decisions and performance.