A former leader of the Criminal Bar Association will lead a review into the Criminal Cases Review Commission’s handling of Andrew Malkinson’s miscarriage of justice case.
Mountford Chambers' Chris Henley KC, who chaired the CBA in 2018/19, will review three CCRC investigations into Malkinson’s rape conviction, which was quashed by the Court of Appeal last month. The commission twice declined Malkinson’s applications before referring a third application in January.
Terms of reference for the review were published on the commission's website yesterday.
The commission said Henley will have full access to records on each of the investigations and additional material will be requested from the courts, police, Crown Prosecution Service and forensic scientists.
All CCRC commissioners and staff involved in the reviews still in post will be available to contribute to the review.
However, Appeal, the miscarriages of justice charity that represents Malkinson, voiced concern that the terms of reference do not specify that Malkinson and his representatives at the charity will be allowed to input into the review. Appeal said Malkinson only found out about details of the review in a CCRC press release.
Malkinson’s solicitor, Emily Bolton, said: ‘We sincerely hope that Chris Henley KC will reach out to Andy once he begins work and that he will not shy away from recommending serious changes at the CCRC so that it does not act as a barrier to justice in other cases.’
The review’s findings are expected to be made public by the end of October.
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