Judge Named Chair of Independent Malkinson Inquiry

Mr Malkinson spent 17 years in prison for a rape he did not commit plus a further three under probation supervision before his conviction was overturned by the Court of Appeal in July.

The Inquiry will investigate the handling and role of Greater Manchester Police (GMP), the Crown Prosecution Service (CPS), and the Criminal Cases Review Commission (CCRC) in Mr Malkinson's conviction and subsequent appeal to ensure lessons are learned from the significant miscarriage of justice he suffered. All agencies have pledged their full co-operation to the inquiry.

Mr Malkinson met with the newly appointed Chair and the Lord Chancellor to discuss the terms of reference and running of the inquiry.

Lord Chancellor and Secretary of State for Justice Alex Chalk said:

Mr Malkinson suffered an atrocious miscarriage of justice and I am determined to ensure that he and the original victim get the answers they deserve.

I know that Her Honour Judge Munro KC, a senior and highly respected judge, will leave no stone unturned in getting to the bottom of what went wrong, so that vital lessons are learned.

Her Honor Judge Sarah Munro KC said:

I am honoured to be appointed to chair the Andrew Malkinson Inquiry. Mr Malkinson's wrongful convictions for horrific crimes he did not commit have cost him nearly two decades of freedom - time he has been forced to spend protesting his innocence and fighting for justice - and have had a devastating impact on his life.

The Inquiry will focus on the police investigation, criminal trial, Mr Malkinson's appeals and any matters that I consider relevant and important to uncovering how and why this serious miscarriage of justice took place.

Mr Malkinson deserves the truth, and I am determined that this Inquiry will be fearless and robust in seeking that truth and considering what lessons the justice system must learn.

The terms of reference set out that:

• The Inquiry will operate so as not to prejudice the ongoing criminal investigation into the original offences for which Mr Malkinson was convicted, and the investigation by the Independent Office for Police Conduct (IOPC) into matters concerning Andrew Malkinson's case.

• The Inquiry will establish:
  • The course of events from the date of the offence to Andrew Malkinson's exoneration by the Court of Appeal.
  • Decisions made and actions taken by individuals in the main agencies involved (including but not limited to GMP, CPS and CCRC), as well as the procedures in place within those agencies, including approval of decisions.
• The scope of this work will include the investigation, discovery, handling and disclosure of evidence related to the attack on 19 July 2003 - both that which led to Mr Malkinson's wrongful conviction on 10 February 2004, and that which led to his eventual exoneration, alongside any other matters the Chair considers relevant and important.

After careful consideration, the government believes it is not necessary to put the inquiry on a statutory footing at this time. Non-statutory inquiries give greater flexibility to the chair and are generally concluded faster than statutory inquiries, providing Mr Malkinson and the original victim the answers they deserve as quickly as possible.

The Lord Chancellor expects all agencies involved to be fully co-operative and transparent as they have pledged, and will closely monitor the progress of the inquiry to ensure this happens. The Terms of Reference require the Chair to report directly to the Lord Chancellor should she have any concerns about co-operation with the inquiry.

HHJ Munro KC has had an extensive legal and judicial career, specialising in criminal work, including homicide, serious fraud, and serious sexual offences. She was appointed as a Circuit Judge in 2011 and a Senior Circuit Judge at the Central Criminal Court in 2017. She has also served as a judicial member of the Sentencing Council.

The report on the Inquiry, including any recommendations, will be submitted to the Lord Chancellor and published.

The Lord Chancellor has asked for the chair to produce findings promptly.

Last year the government asked the Law Commission to undertake an independent and wide-ranging review of the appeals system to ensure it is operating effectively.

Full terms of reference:

1. The Inquiry shall investigate the handling of the case of Andrew Malkinson by Greater Manchester Police (GMP), the Crown Prosecution Service (CPS) and the Criminal Cases Review Commission (CCRC). This will cover the handling of the case prior to Mr Malkinson's conviction and his subsequent applications to appeal.
2. The Inquiry will focus on Andrew Malkinson's case and not the appeals process more generally.
3. The Inquiry will operate so as not to prejudice the ongoing criminal investigation into the original offences for which Mr Malkinson was convicted, and the investigation by the Independent Office for Police Conduct (IOPC) into matters concerning Andrew Malkinson's case.
4. The Inquiry will establish:
   • The course of events from the date of the offence to Andrew Malkinson's exoneration by the Court of Appeal.
   • Decisions made and actions taken by individuals in the main agencies involved (including but not limited to GMP, CPS and CCRC), as well as the procedures in place within those agencies, including approval of decisions.
5. The scope of this work will include the investigation, discovery, handling and disclosure of evidence related to the attack on 19 July 2003 - both that which led to Mr Malkinson's wrongful conviction on 10 February 2004, and that which led to his eventual exoneration, alongside any other matters the Chair considers relevant and important.
6. The Inquiry shall set out lessons to be learned, including lessons relating to processes and procedures.
7. The Inquiry shall report to the Lord Chancellor. It should be completed without undue delay.

Notes

• Her Honour Judge Munro will not be doing media interviews at this time.
• Mr Malkinson was arrested in 2003 and convicted of rape in 2004. He was released on licence in 2020 and his conviction was overturned by the Court of Appeal in July this year.