Miscarriage of justice watchdog urgently ordered to improve in wake of Andrew Malkinson scandal
The Criminal Case Review Commission (CCRC) has been told to urgently address possible delays in judges’ possible miscarriages in a damning review launched after a man wrongfully convicted of rape was sentenced to 17 years in prison.
Officials from HM Crown Prosecution Service Inspectorate (HMCPSI) found that a large number of appeals being dealt with were dragged unjustifiably due to miscarriages by the justice review body, each causing “a real person to wait longer for the answers they deserve”.
Inspectors also told the CCRC to rapidly improve casework quality assurance, which was found to be inconsistent and lacking in structure, despite “robust conclusions” being reached in the 60 cases examined.
HMCPSI said the lack of focus opened up unnecessary avenues of investigation that delayed cases. The audit body concluded that improvements were needed to ensure delays did not become “entrenched”.
The review was carried out after the CCRC refused to allow a double review of the wrongful conviction of Andrew Malkinson, who is serving 17 years of a life sentence for a rape he did not commit.
The scandal led to the resignation of chairman Helen Pitcher and was followed by a review by the Justice Select Committee, which found that the institution’s leaders “showed a remarkable inability to learn from their own mistakes”.
Interim president Dame Vera Baird called for the HMCPSI review shortly after her appointment last year.
Chief Inspector Anthony Rogers said: “The CCRC has one purpose: to help ensure the proper review of the cases of people who have been wrongfully convicted. “Every delay, every gap in quality assurance and every case dragged on without justification is another person waiting longer for the answers they deserve.
“This report provides a clear and practical roadmap and addressing these issues will help the CCRC work more efficiently and give applicants greater confidence in how cases are handled.”
The delay in cases handled by the CCRC is highlighted by: Independent Two years ago, more than 1,000 cases involving alleged miscarriages of justice were awaiting leave to appeal.
And last year, barrister Chris Henley KC, who is leading the CCRC’s independent review in 2024, warned there was a “fundamental problem” with the appeals system. “He stubbornly wants to hold on to the original culpable conviction,” he claimed.
However, the report said that in the review by HMCPSI, the case study decisions on 60 cases were “ultimately sound and reached the correct conclusions in their recommendations to the commissioners who were the final decision makers”.
But inspectors said “several key issues” needed to be addressed urgently to help the CCRC “make better decisions faster, become much more efficient and gain greater assurance about the quality of its casework”.
The report published 34 recommendations, including developing a case study quality action plan, expediting investigations in long-running cases, and providing training to address “individual and organizational learning gaps.”
Cases currently being handled by the CCRC include reviewing the convictions of Lucy Letby. Letby, 35, is serving 15 life sentences after being found guilty of murdering seven babies and attempting to kill a further seven at the Countess of Chester hospital.
His lawyer, Mark McDonald, told Independent: “With each passing month, Lucy loses another part of the future she once hoped for: career, family, life. Sometimes delay has consequences that no decision can truly repair.
“This case is complex and I know the CCRC is working hard on the application but I hope it will reach a conclusion soon and the matter will be referred back to the Court of Appeal.”
