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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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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