header-logo header-logo

25 July 2024
Issue: 8081 / Categories: Legal News , Criminal , Profession
printer mail-detail

Justice system must learn from Malkinson

The criminal justice system must have a ‘culture’ where ‘it is acknowledged that mistakes can be made’, Chris Henley KC has said, in his independent review of the Andrew Malkinson case
Malkinson was wrongly convicted of rape in 2004 and served 17 years for a crime that he did not commit. His conviction was quashed last summer, after the Criminal Cases Review Commission (CCRC) rejected the first two of Malkinson’s three applications despite the emergence of new DNA evidence.

The Henley review’s nine recommendations, published last week, include annual training for all CCRC staff on interpretation of DNA evidence, and that any decision not to obtain a police file be accompanied by a ‘full written justification’.

Henley said the case exemplifies the ‘fundamental importance of full and transparent pre-trial disclosure of all relevant material to the defence’ and ‘provides a lesson about the very strong emotional pull of identification evidence, not only on a jury but also on legal professionals and judges, and its fallibility, even when it comes from multiple witnesses, which is so difficult to assess. The profoundly mistaken verdicts in this case underscore the danger of relying on identification evidence in the absence of any other independent supporting evidence’. 

CCRC chair Helen Pitcher expressed ‘sincere regret and an unreserved apology’. The Lord Chancellor, Shabana Mahmood, has begun the process to remove Pitcher from her post. 

Jon Robins, lecturer in criminology at Brighton University and NLJ columnist, said: ‘If the CCRC has done one job well, then it has been providing cover for other parts of a failing criminal appeals system. A main theme of the report is the “deep-seated, system-wide, cultural reluctance” starting “right at the top in the Court of Appeal” to acknowledge our justice system will on occasion make mistakes. 

‘The rot set in before Helen Pitcher joined, but she needs to go because there’s nothing in the CCRC’s communications with the outside world that they recognise there is a problem.’ 

Robins added that recent analysis shows just 16 convictions have been overturned as a result of the CCRC’s investigative work over the last eight years.

Issue: 8081 / Categories: Legal News , Criminal , Profession
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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
back-to-top-scroll