Independent review into the CCRC’s handling of Andrew Malkinson case – update

The independent review into the Criminal Cases Review Commission’s (CCRC) handling of the Andrew Malkinson case by barrister Chris Henley KC, initially to be concluded by the end of the year, will not be completed until the start of 2024. 

This is due to Mr Henley’s wish to source further material from third-party organisations and a requirement to conduct interviews crucial to a comprehensive assessment of the matters involved.

The CCRC recognises the importance of the work being undertaken, and Mr Malkinson’s representatives have also expressed the view in their submissions to Mr Henley that thoroughness is more important than speed.

In a statement released today, Chris Henley KC, said:

‘My unwavering commitment is to conduct a thorough and objective investigation.

‘The need for further material and additional interviews with individuals involved in the CCRC’s work internally and externally means work on my report will continue into next year.

“My fundamental objective is to ensure that my review has integrity which necessarily requires access to all the relevant material, and my speaking to the key people involved. I appreciate the patience shown as we navigate the final phase of the review process.

“All possible efforts are being made to expedite the process without compromising the quality of the investigation.”

A timeline for the completion of the independent review will be communicated once the necessary information is received and essential interviews are concluded.

Discussion will also take place with the independent inquiry chaired by Her Honour Judge Sarah Munro KC to ensure that publication of Mr Henley’s findings does not undermine or impact on the inquiry process.

ENDS

Notes to editors 

1. 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 based in Birmingham and is funded by the Ministry of Justice. 
2. There are currently 11 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the King on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice. 
3. The CCRC usually receives around 1,400 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.  In the last three years, more than 100 convictions or sentences have been overturned following CCRC referrals.
4. 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”. 
5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair. 
6. 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