Recommendations & Conclusions
10 items
1
Recommendation
3rd Report - Leadership of the Criminal…
Accepted
We recommend that the Ministry of Justice shares the independent panel report into the former CCRC Chair with the CCRC’s Board and the commissioners. (Recommendation, Paragraph 3) The CCRC’s approach to Andrew Malkinson’s acquittal and the Henley report
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We recommend that the Ministry of Justice shares the independent panel report into the former CCRC Chair with the CCRC’s Board and the commissioners. (Recommendation, Paragraph 3) The CCRC’s approach to Andrew Malkinson’s acquittal and the Henley report
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Government response AI summary
The government accepts the recommendation, stating they have informed the independent panel members that the report will be shared with the CCRC’s Board and Commissioners.
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Ministry of Justice
9
Conclusion
3rd Report - Leadership of the Criminal…
Accepted
In our view, Chris Henley KC’s assessment of the work done by the CCRC was damning. It is true of course that the review focused only on one case, but it is also clear beyond doubt that Chris Henley KC’s conclusions have significant implications for the CCRC’s overall approach to …
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In our view, Chris Henley KC’s assessment of the work done by the CCRC was damning. It is true of course that the review focused only on one case, but it is also clear beyond doubt that Chris Henley KC’s conclusions have significant implications for the CCRC’s overall approach to its casework. The mistakes made in relation to Andrew Malkinson’s application should have been taken as evidence of systemic problems within the CCRC. It was therefore wrong for the CCRC to repeatedly emphasise that Chris Henley KC’s report was “necessarily limited” to one case. The CCRC stated that they accepted all of Chris Henley KC’s recommendations, which we welcome. However, we are unconvinced that the CCRC has taken on board the strength of his overall conclusions about the quality of the CCRC’s work on Andrew Malkinson’s applications. Those findings have significantly damaged public confidence in the CCRC’s approach to its work. The CCRC’s response should have reflected the severity of Chris Henley KC’s conclusions. (Conclusion, Paragraph 39) Leadership
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Government response AI summary
The government agrees the handling of the report damaged the CCRC's reputation and confirms the Lord Chancellor has tasked the interim Chair with a review. This review includes assessing the CCRC's effectiveness in delivering its statutory responsibilities, including its understanding of the 'real possibility' test …
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Ministry of Justice
11
Conclusion
3rd Report - Leadership of the Criminal…
Accepted
The forthcoming review of the organisation should consider the impact on the Commission of the prohibition on disclosure set out in section 23 of the Criminal Appeal Act 1995. (Recommendation, Paragraph 46) 45
Government response AI summary
The Ministry of Justice has asked the interim Chair to specifically consider the impact of the prohibition on disclosure (section 23 of the Criminal Appeal Act 1995) and to include recommendations if it is found to hamper the CCRC's effectiveness.
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Ministry of Justice
12
Conclusion
3rd Report - Leadership of the Criminal…
Accepted
We support the conclusions of the Westminster Commission and some of the comments made by Karen Kneller regarding the interim chair. The chair should be someone who is not afraid to be honest about the flaws of the CCRC and the changes that need to be made. (Conclusion, Paragraph 47)
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We support the conclusions of the Westminster Commission and some of the comments made by Karen Kneller regarding the interim chair. The chair should be someone who is not afraid to be honest about the flaws of the CCRC and the changes that need to be made. (Conclusion, Paragraph 47)
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Government response AI summary
The government agrees the Chair should be dedicated to identifying miscarriages of justice and upholding independence, stating these qualities will be tested during the recruitment of the next permanent Chair. They will consider a blend of skills and the interim Chair's views, ensuring the candidate …
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Ministry of Justice
14
Conclusion
3rd Report - Leadership of the Criminal…
Accepted
The former Chair held multiple executive roles which gave the perception of a lack of focus and may have contributed to the CCRC’s failings. (Conclusion, Paragraph 49)
Government response AI summary
The Ministry of Justice agrees the Chair should be fully dedicated to the CCRC's mission and will ensure this commitment is tested during the recruitment process for the next permanent Chair. They will decide on the required time commitment and consult the Committee, also considering …
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Ministry of Justice
15
Conclusion
3rd Report - Leadership of the Criminal…
Accepted
The next permanent chair or interim chair of the CCRC should be dedicated to the organisation above all other duties. (Recommendation, Paragraph 50)
Government response AI summary
The Ministry of Justice agrees the Chair should be fully dedicated to the CCRC's mission and will ensure this commitment is tested during the recruitment process for the next permanent Chair. They will define the required time commitment, consult the Committee, and consider the interim …
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Ministry of Justice
17
Recommendation
3rd Report - Leadership of the Criminal…
Accepted
We reiterate the importance of our request for pre-appointment scrutiny of the next permanent chair. We believe this is vital given the recent failings of the CCRC and the shortcomings of the previous chair. (Conclusion, Paragraph 54)
Government response AI summary
The government confirms that the Chancellor of the Duchy of Lancaster has agreed to add the CCRC Chair to the list of roles subject to pre-appointment scrutiny.
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Ministry of Justice
27
Conclusion
3rd Report - Leadership of the Criminal…
Accepted
The interim chair’s review should consider the impact of this change, with a view to substantially increasing the number of commissioners on the CCRC Board. The review should also consider whether the current corporate structure of the organisation and its lines of decision-making are appropriate. (Recommendation, Paragraph 84)
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The interim chair’s review should consider the impact of this change, with a view to substantially increasing the number of commissioners on the CCRC Board. The review should also consider whether the current corporate structure of the organisation and its lines of decision-making are appropriate. (Recommendation, Paragraph 84)
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Government response AI summary
The government confirms the interim Chair's review will evaluate the effectiveness of the CCRC's governance, structure, and operational efficiency, including the structural relationship between Commissioners and the Board, directly aligning with the recommendation's call for review.
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Ministry of Justice
39
Recommendation
3rd Report - Leadership of the Criminal…
Accepted
We recommend that the interim chair’s review considers how the relationship between the commissioners and the senior leadership team can be made to operate more effectively. (Recommendation, Paragraph 102)
Government response AI summary
The Ministry of Justice confirms that the interim Chair's review's terms of reference explicitly include evaluating the structural relationship between the Commissioners, Body Corporate, Board, and Executive, directly addressing the committee's recommendation.
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Ministry of Justice
42
Conclusion
3rd Report - Leadership of the Criminal…
Accepted
We cannot perform our scrutiny function if witnesses provide incomplete or partial responses to our questions. The information provided since the session establishes that Karen Kneller omitted important information that would have provided a more accurate account of how the CCRC handled the Henley report. As a result of our …
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We cannot perform our scrutiny function if witnesses provide incomplete or partial responses to our questions. The information provided since the session establishes that Karen Kneller omitted important information that would have provided a more accurate account of how the CCRC handled the Henley report. As a result of our concerns regarding the performance of the CCRC and the unpersuasive evidence Karen Kneller provided to the Committee, we no longer feel that it is tenable for her to continue as Chief Executive of the CCRC. (Conclusion, Paragraph 105) 50
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Government response AI summary
The government acknowledges the committee's concerns and confirms that the former Chief Executive, Karen Kneller, resigned from her role on 2 July 2025, which provides an opportunity to refresh leadership and restore confidence.
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Ministry of Justice