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13 October 2023 / Dr Jon Robins
Issue: 8044 / Categories: Opinion , Criminal
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Compensating the innocent: Pt 2

Andrew Malkinson’s exoneration highlights why a dysfunctional CCRC needs a reset, says Jon Robins

Andrew Malkinson, who spent 17 years in prison for a rape in 2003 he did not commit, has accused the miscarriage of justice watchdog of having ‘an attitude problem’ in a press interview after his conviction was overturned earlier this summer. Is that fair?

As a long-term observer of the Criminal Cases Review Commission (CCRC), I think it is. This is the second instalment of a two-part article on the implications of a scandal that has prompted two inquiries into the commission—one instigated by the watchdog itself (to be headed by Chris Henley KC) and a second launched by justice secretary Alex Chalk KC.

Malkinson (pictured) spent two decades trying to clear his name. It has since come to light that the CCRC was aware of the DNA evidence that would ultimately exonerate him at the time of his first application in 2009.

This week the Court of Appeal revisited a 1991 murder conviction which will raise more questions about the effectiveness

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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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