Select committee: Justice Committee

Conclusion 9

3rd Report - Leadership of the Criminal Cases Review Commission Published 23 May 2025 Addressed to Ministry of Justice
Conclusion (the committee's words)
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

From: Justice Committee, 3rd Report - Leadership of the Criminal Cases Review Commission (HC 749), 23 May 2025

Government response

The government responded to the whole report on 29 July 2025 (deadline 23 July 2025).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government welcomes the Committee's report, agrees on the importance of strong CCRC leadership, and says many conclusions are "rightly for the CCRC and its new interim Chair to consider".

  • The Ministry agrees the handling of the Malkinson case and the Henley report has damaged the CCRC's reputation, and says the Lord Chancellor has tasked interim Chair Dame Vera Baird with a review of its operation and leadership.
  • On the section 23 disclosure prohibition, the Ministry has asked the interim Chair to consider it and, "if she concludes that this is hampering the effectiveness of the CCRC", to include it in her recommendations.
  • On funding, it notes the budget has risen to £10.1 million for 2025/26 and says requests for increases "will be considered" through departmental processes, while it is "right to expect" the CCRC to first use existing funding cost-effectively.
  • The CCRC Chair has been added to the list of roles subject to pre-appointment scrutiny, and the department "will consult the Committee" on the permanent Chair's time commitment and other aspects of the recruitment campaign.

Read the government's response ↗ Report an error