True scale of wrongful convictions in UK uncovered as police 'cannot be trusted'

Andrew Malkinson knew he was innocent, but his refusal to admit guilt resulted in an extra decade behind bars.

Found guilty of rape and assault in Salford in 2003, he spent 17 years in prison – last month, he was cleared of all charges. On Monday, the Court of Appeal ruled his conviction was "unsafe" because Greater Manchester Police (GMP) withheld evidence at trial.

Miscarriages of justice like his are all too common. In 1997, the Criminal Cases Review Commission (CCRC) was established to look into cases where people believe they have been wrongfully convicted in the UK, and have exhausted all other options.

By June 2023, the CCRC had received a total of 30,373 applications, resulting in 557 reversals of court decisions – equivalent to 21 per year.

Until Sunday, even in cases where, like Mr Malkinson, the person convicted is proven innocent, “saved living costs” were deducted from the compensation to which they are entitled.

Before the creation of the CCRC, if a case had already been ruled on by the Court of Appeal the only other option for the wrongfully convicted was a direct plea to the Home Secretary.

A completely independent body, the CCRC can refer a case back to the Court if there is a “real possibility" it could "quash the conviction or reduce the sentence”.

In the 12 months between April 2022 and March 2023, applications to the CCRC increased by 18.9 percent on the previous year – from 1,198 to 1,424. 

CCRC Chairman Helen Pitcher OBE described it as a “challenging year” and lauded her team’s “dedication and total commitment to our core purpose of uncovering and referring miscarriages of justice.”

A total of 25 cases were sent back to the courts by the body – including six murder charges – resulting in 17 convictions or sentences being overturned.

On July 26, the Court of Appeal quashed Mr Malkinson’s wrongful conviction in light of new DNA evidence implicating another suspect. 

In giving its full judgment on Monday, the Court also found the police failed to disclose photographs of the victim's hands which contradicted medical evidence used to cast doubt on her account of scratching her attacker's face. Mr Malkinson, seen by officers the day after the incident, had no such injury.

The criminal convictions of key prosecution witnesses were also revealed to have been withheld, thanks to an investigation by the legal charity APPEAL. 

Responding to the Court’s judgment, Andrew Malkinson said: "I feel vindicated by the Court’s finding that Greater Manchester Police unlawfully withheld evidence, denying me a fair trial and causing my wrongful conviction nightmare."

Mr Malkinson and APPEAL have also criticised the CCRC for not uncovering the disclosure failings by the police despite having the legal power to access the evidence "sitting in police files for the past two decades."

He added: “I want politicians to give people seeking to prove their innocence a right to access the evidence on their case – since the police and CCRC have proved they cannot be trusted."

Responding to the Court of Appeal's verdict on Monday, GMP Assistant Chief Constable Sarah Jackson said: "As head of crime for GMP, I am responsible for leading the force’s response to all major crime. I speak on behalf of the whole force when I say that we are truly sorry for this most appalling miscarriage of justice. GMP accepts the court of appeal judgement.

"Understandably Mr Malkinson is seeking to understand the circumstances around what happened in 2003 and that today’s ruling will bring up further questions for him and the public about how he was wrongfully found guilty of such a horrific crime.

"However, due to a live criminal investigation in which a suspect remains on bail, we are limited in what we can comment on. GMP is also subject to a live IOPC investigation in relation to this case.

"I have extended an invitation to meet with Mr Malkinson and say sorry to him personally for the time he wrongly spent in prison and for all that he endured as a consequence.

"I know that the process to overturn this conviction has been arduous and lengthy and I apologise for any part GMP may have had in this experience. 

"I promise that GMP will continue to investigate all new lines of enquiry to ensure the right person is held responsible for this awful crime."

Ms Pitcher of the CCRC, said: “It is plainly wrong that a man spent 17 years in prison for a crime he did not commit. In each review, we focused on the submissions made to us. But knowing what we know now we would have sought the undisclosed police evidence to refer this case.

“We are pleased that the CCRC’s work to match an alternative suspect on the DNA database has been so strongly referenced in the judgment.”

A Government compensation scheme allows those who wrongfully served more than ten years to receive up to £1million.

In 2007, however, the House of Lords ruled this sum could be reduced to reflect the “savings” individuals made on living costs whilst in prison.

On Sunday, the controversial rule was scrapped, following a campaign led by Mr Malkinson since his clearing.

Lord Chancellor and Secretary of State for Justice, Alex Chalk KC, said: “Fairness is a core pillar of our justice system and it is not right that victims of devastating miscarriages of justice can have deductions made for saved living expenses.

“This common-sense change will ensure victims do not face paying twice for crimes they did not commit.”

Mr Malkinson welcomed the decision, but claimed he still faces a two-year wait for his payment.

Express.co.uk offered the opportunity to comment on this story directly to the Ministry of Justice, the Crown Prosecution Service and the Judicial Office, all of whom declined.