Criminal Cases Review Commission (CCRC) publishes report on its handling of the Andrew Malkinson case

• Report of review into CCRC handling of Andrew Malkinson case has already been shared with Mr Malkinson and is today made public
• CCRC accepts report recommendations and outlines work already underway to implement them

The Criminal Cases Review Commission (CCRC) has today published the report by Chris Henley KC into the organisation’s handling of the Andrew Malkinson case.

The report, which was commissioned by the CCRC and which was shared with Mr Malkinson in May, contains nine recommendations.

The Commission’s actions in response to those recommendations have also been shared with Mr Malkinson and are published with the report today. Work on implementing the recommendations is underway.

While the report contains redactions to safeguard ongoing investigations or the possible prosecution of an alternative suspect, Mr Henley’s recommendations regarding the CCRC’s handling of Andrew Malkinson’s applications are carried in full.

Redactions to the report were made after the Commission sought the views of the Andrew Malkinson Inquiry, led by Her Honour Judge Sarah Munro KC, Greater Manchester Police, the Crown Prosecution Service, and the Independent Office for Police Conduct.

CCRC Chairman Helen Pitcher OBE apologised to Mr Malkinson earlier this year for the organisation’s handling of his case.

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Notes to Editors:

1. Interview opportunities are not being provided.
2. The report and the CCRC’s response to it can be found here.
3. The apology given to Mr Malkinson in April this year can be found here.
4. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently investigating suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.      
5. There are currently 10 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.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process.        
6. The CCRC received more than 1,600 applications for reviews (convictions and/or sentences) last year, compared to an annual average of around 1,400. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts. The CCRC has made more than 840 referrals to the appellate courts.     
7. 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. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.      
8. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.      
9. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Twitter @ccrcupdate and Instagram the_ccrc.