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15 September 2023 / Dr Jon Robins
Issue: 8040 / Categories: Opinion , Profession , Criminal
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Compensating the innocent: insult to injury?

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Behind the wrongful conviction of Andrew Malkinson lies an even greater scandal, as Jon Robins reveals

The tendency on the part of the media when reporting a miscarriage of justice is to dismiss it ‘as a shocking one-off aberration—a minor hiccup in a system that otherwise functions in an exemplary fashion’. That was a theme of my 2018 book Guilty Until Proven Innocent (Biteback Publishing) in which I looked at 11 cases of serious injustice over the previous 20 years which prompted little (if any) press reflection on ‘system’ issues.

The coverage of the acquittal of Andrew Malkinson (pictured) and the subsequent shocking revelations over the summer is a notable exception. So far, the furore has prompted two inquiries—one instigated by the miscarriage of justice watchdog itself, and one launched by the Lord Chancellor Alex Chalk—as well as huge press interest in our dysfunctional system of criminal appeals (itself the subject of an ongoing Law Commission review). This is the first of two articles exploring the fallout of the case.

Andrew Malkinson spent 17 years in prison for

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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