Rules Around Appeals to Be Reviewed After Andy Malkinson Exoneration

Law Commission says there is a need for 'robust safeguard against wrongful convictions'

Andrew Malkinson raises a fist outside the Royal Courts of Justice in London on July 26, 2023. (Jordan Pettitt/PA via AP)

The Law Commission has announced a big consultation on the process of criminal appeals in England and Wales only days after Andy Malkinson had his conviction quashed after spending 17 years in jail for a rape he did not commit.

Mr. Malkinson, 57, was convicted of raping a woman in Manchester in 2003 and was jailed for life the following year but DNA tests later proved another man had committed the crime.

His convictions were quashed by judges at the Court of Appeal on Wednesday and Greater Manchester Police immediately offered an apology.

The Law Commission’s decision to launch a consultation is apparently a complete coincidence and not linked to the Mr. Malkinson case.

Professor Penney Lewis, who heads the commission, said: “The appeals process is essential for rectifying miscarriages of justice and ensuring the fair and consistent application of the criminal law. In recent years, there have been many differing views on how this process can be improved to allow for the efficient and effective resolution of appeals.”

‘Robust Safeguard Against Wrongful Convictions’

She said the commission wanted to consider proposals for reform which would ensure an appeals process which “provides a robust safeguard against wrongful convictions” and boosts confidence in the criminal justice system.

“We therefore welcome a wide range of responses to our issues paper to help us identify if there are areas of the law that are not working,” Mrs Lewis added.

At the time of Mr. Malkinson’s trial, there was no DNA evidence and the prosecution case against him was based entirely on identification evidence, which turned out to be inaccurate.

Two witnesses who identified Mr. Malkinson had convictions for dishonesty offences and one was a heroin addict.

But a DNA sample had been taken and was eventually tested in October 2022 and linked to another man, who has since been arrested.

The legal charity Appeal said lawyers working on alleged miscarriage of justice cases were “routinely” denied access to evidence by police forces and the Crown Prosecution Service.

Emma Torr, Appeal’s legal director, said: “We welcome the Law Commission’s review of unfair disclosure reviews, which currently prevent miscarriages of justice being brought to light.

“Andy Malkinson’s case is just the tip of the iceberg. We believe there are many others who have been wrongly convicted but are unable to access evidence to prove their innocence,” Ms. Torr added.

Shadow home secretary Yvette Cooper, interviewed by the BBC on Friday about Mr. Malkinson’s case, said: “One of the issues that this case raises is why it has taken so long … for this to be overturned despite the multiple appeals and flaws in the original investigation. So I think the Law Commission is now doing a review of the appeals process. This is one of the issues that they need to look at.”

Yvette Cooper Criticises Plan to Deduct Prison Costs From Compensation

Ms. Cooper also said she thought it would be inappropriate for Mr. Malkinson to have the cost of his accommodation while he was in prison deducted from a compensation settlement, as has been reported.

“I don’t think anyone would think that that was appropriate for Mr. Malkinson to be penalised any further in this case,” she said.

The Law Commission is also conducting a controversial review of the trial process for prosecutions of rape and other sexual offences in England and Wales—with submissions due by the end of September.

Sean Parker, editor of False Allegations Watch, told The Epoch Times: “Malkinson’s wrongful conviction came in the same year new Labour’s Criminal Justice Bill paved the way for the era of ‘believe the victim,’ #MeToo-related exaggerations, and trial-by-allegation, all supported by a compliant mainstream media culture.”

He said, “That the Kevin Spacey not guilty verdicts and Malkinson two-decades-after-the-fact exoneration arrived on the same day is auspicious for the Law Commission’s consultation on how to deal with sex allegations.”

PA Media contributed to this report.