Source · Select Committees · Justice Committee

Recommendation 2

2 Acknowledged

CCRC's inadequate apology and statements after Andrew Malkinson's acquittal damaged its reputation.

Conclusion
It should not have taken an independent review for the CCRC to apologise to Andrew Malkinson. The public statements of the then Chair of the CCRC, Helen Pitcher, after Andrew Malkinson’s acquittal were woefully inadequate and showed a worrying lack of understanding of the potential damage to the CCRC’s reputation and public confidence that would almost inevitably arise from a failure to admit its mistakes and to apologise. By failing to offer a timely apology and by seeking to claim credit for the acquittal, the leadership of the CCRC caused significant damage to the organisation’s reputation. The CCRC’s statements gave the impression that the organisation and its leadership were more concerned with defending their own reputation than offering an honest assessment of how they had failed Andrew Malkinson. (Conclusion, Paragraph 18)
Government Response Summary
The government agrees with the committee's conclusion that the previous Chair's statements and handling of the issues damaged the CCRC's reputation. They note the Chair's resignation and that the interim Chair has been tasked with a review to restore confidence in the CCRC's ability to investigate miscarriages of justice.
Government Response Acknowledged
HM Government Acknowledged
Your report concludes that the public statements of the previous Chair of the CCRC after Andrew Malkinson’s acquittal and lack of timely apology caused damage to the organisation’s reputation. The report draws similar conclusions about the impact of the CCRC’s handling of the report by Chris Henley KC. We agree that the handling of these matters has damaged the reputation of the CCRC in the eyes of the public. One of the reasons the Lord Chancellor referred the previous Chair to the independent panel was that the Chair’s statements about Mr Malkinson’s case and the handling of the Henley report demonstrated a failure to inspire confidence in the role of the CCRC. The panel agreed that these actions amounted to failure to meet the terms of the appointment for the role of Chair. This led to the subsequent resignation of the Chair in January 2025. The Lord Chancellor has now tasked the interim Chair with conducting a review to ensure that the CCRC is able to effectively carry out its role in investigating potential miscarriages of justice. This is an important step in the CCRC earning back the public’s trust.