Andrew Malkinson: Justice Secretary orders overarching review of ‘atrocious’ miscarriage of justice

The inquiry will investigate the role of Greater Manchester Police (GMP), the Crown Prosecution Service (CPS) and the Criminal Cases Review Commission (CCRC) in his conviction and subsequent appeals.

Mr Malkinson, 57, was convicted in 2004 of a rape in Greater Manchester despite there being no DNA evidence.

Having spent almost two decades pleading his innocence, his conviction for rape was quashed by the Court of Appeal last month after fresh DNA testing linked another man to the crime.

GMP Chief Constable Stephen Watson said the “appalling miscarriage of justice merits the most detailed scrutiny”.

The Independent Office for Police Conduct is currently reviewing matters raised in relation to GMP’s handling of the case.

Lord Chancellor and Secretary of State for Justice Alex Chalk, and Attorney General Victoria Prentis, said the inquiry will cover actions of police, prosecutors and appeals review body to ensure lessons are learnt from the “significant miscarriage of justice” Mr Malkinson has suffered.

It will be led by a senior legal figure and GMP, the CCRC and the CPS have all pledged their full cooperation.

Mr Watson said: “I am very sorry that Mr Malkinson has suffered so grievously over these past many years.

“I acknowledge and regret the very difficult and prolonged journey that Mr Malkinson has had to undertake to prove his innocence.

“This appalling miscarriage of justice merits the most detailed scrutiny.

“I therefore welcome the opportunity that this independent inquiry represents to examine all of the relevant facts in forensic detail.

“GMP’s participation in this process will be fulsome and reflective of integrity, candour and humility.”

Mr Chalk said: “Andrew Malkinson suffered an atrocious miscarriage of justice and he deserves thorough and honest answers as to how and why it took so long to uncover.

“The core function of our justice system is to convict the guilty and ensure the innocent walk free. Yet a man spent 17 years in prison for a crime he did not commit while a rapist remained on the loose. “It is essential that lessons are learned in full.”

Helen Pitcher OBE, chair of the CCRC, said: “To understand what went wrong in this appalling miscarriage of justice, every organisation involved in handling the case has to fully embrace this whole-system review quite rightly commissioned by the Lord Chancellor.

“We must all contribute fully and engage promptly – and with a commitment to implement any recommendations it draws.”

She added: “This cross-organisational review will complement the additional review being led by Chris Henley KC specifically into the CCRC’s handling of Andrew Malkinson’s applications.

“We always learn lessons from investigations to help with our future work, and due to the nature of this case it’s right that such an exercise is carried out by an independent KC alongside this broader review.”

The Attorney General said an independent inquiry “cannot give Andrew Malkinson 17 years of freedom back”.

“[But] it can provide the accountability he is owed by the criminal justice system and give all of us the reassurance that we learn the lessons from a tragic miscarriage of justice,” said Ms Prentis.

“After careful consideration, and consultation with other bodies, a non-statutory inquiry was found to be the most appropriate option, building on the approach taken in other individual cases.

“It will work alongside the independent Law Commission review into how the wider appeals process – including the CCRC – is operating, to ensure it is working effectively.

Max Hill KC, Director of Public Prosecutions, said the CPS will “cooperate fully with the inquiry into the role of all parties in the Andrew Malkinson miscarriage of justice”.

“As well as supporting the inquiry, the CPS is fully committed to supporting the fresh investigation and bringing the right offender to justice,” he added.

The Ministry of Justice said a chair will be appointed and a terms of reference published in due course. The scope will take account of any other potential future investigations to avoid duplication and ensure that conclusions can be drawn as swiftly as possible.

The inquiry will ensure Mr Malkinson’s views and experiences are heard throughout the process and this will be reflected in the terms of reference.