Key facts
- A damning inspection found the Criminal Cases Review Commission (CCRC) must urgently tackle delays in potential miscarriages of justice.
- Inspectors discovered that too many appeals handled by the CCRC had drifted without justification.
- Casework quality assurance was found to be inconsistent and lacking structure.
- The inspection followed failings in the case of Andrew Malkinson, who served 17 years for a wrongful conviction.
- The CCRC had twice rejected Malkinson's case before crucial DNA testing led to his release.
- The report issued 34 recommendations, including developing a casework quality action plan and providing training.
- Karen Kneller, chief executive of the CCRC, has resigned.
The Criminal Cases Review Commission (CCRC) has been ordered to urgently address significant delays and inconsistencies in its casework following a damning inspection by HM Crown Prosecution Service Inspectorate (HMCPSI).
The report, launched after the wrongful conviction of Andrew Malkinson who served 17 years for a rape he did not commit, found that many appeals handled by the watchdog had drifted without justification, leaving individuals waiting longer for answers.
Inspectors noted that while sound conclusions were reached in the 60 cases examined, the CCRC's casework quality assurance was inconsistent and lacked structure, leading to unnecessary investigative avenues and delays. The inspection body concluded that improvements must be made to prevent delays from becoming entrenched.
The scandal surrounding Malkinson's case, which saw the CCRC twice reject his appeal until crucial DNA testing led to his exoneration, had previously led to the resignation of chair Helen Pitcher. A subsequent review by the Justice Select Committee found the body's leadership had "shown a remarkable inability to learn from its own mistakes."
Interim chair Dame Vera Baird had called for the HMCPSI review shortly after her appointment. Chief inspector Anthony Rogers stated that the report provides a "clear and practical roadmap" to help the CCRC work more efficiently and give applicants greater confidence.
Chris Henley KC, a barrister who led an independent review of the CCRC in 2024, had previously warned of a "fundamental problem" with the appeals system, suggesting it "stubbornly wants to stick to the original flawed conviction."
Despite the criticisms, the HMCPSI inspection found that the casework decisions in the 60 cases reviewed "were ultimately sound and reached the right conclusions in their recommendations to commissioners."
However, inspectors highlighted "several key issues" that need urgent attention to help the CCRC "make better decisions more quickly, become much more efficient and gain greater assurance in the quality of its own casework."
The report issued 34 recommendations, including the development of a casework quality action plan, increased scrutiny on long-running cases, and training to address "individual and organisational learning gaps."
Among cases currently being reviewed by the CCRC is that of Lucy Letby, who is serving life sentences for murder and attempted murder. Her lawyer, Mark McDonald, commented on the consequences of delay, stating, "sometimes delay has consequences that no judgment can ever truly repair."
Karen Kneller, the chief executive of the CCRC, has resigned following months of speculation after the serious failings in the Andrew Malkinson case. Kneller had held the position since 2013. Malkinson was cleared in July 2023, having spent 17 years in prison for a rape he did not commit. His case was rejected twice by the CCRC until his legal team conducted crucial DNA testing that the commission later repeated, leading to his release.
Kneller had faced scrutiny over spending public money on luxury French hotels while attending courses at an elite business school where the CCRC's then-chair, Helen Pitcher, held positions. A government source indicated the spending did "not reflect the new government's expectations of the best use of the CCRC's funding."
Pitcher resigned in January after an independent panel concluded she was no longer fit to be chair, stating she had been scapegoated. A report on the CCRC's handling of Malkinson's case found "a catalogue of failures," suggesting he could have been exonerated almost a decade earlier.
Kneller was accused of attempting to "sanitise" the independent review by Chris Henley KC, pushing to avoid suggestions that the problems in handling Malkinson's case were systemic. She received a pay rise and bonus a month before Malkinson's exoneration and further increases in 2024, while Malkinson was on benefits. Malkinson stated after his release that he was impoverished, homeless, and in urgent need of mental health support.
