Andrew Malkinson Inquiry: terms of reference
Published 26 October 2023
Applies to England and Wales
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This publication is available at https://www.gov.uk/government/publications/andrew-malkinson-inquiry-terms-of-reference/andrew-malkinson-inquiry-terms-of-reference
The Inquiry shall investigate the handling of the case of Andrew Malkinson by Greater Manchester Police (GMP), the Crown Prosecution Service (CPS) and the Criminal Cases Review Commission (CCRC). This will cover the handling of the case prior to Mr Malkinson’s conviction and his subsequent applications to appeal.
The Inquiry will focus on Andrew Malkinson’s case and not the appeals process more generally.
The Inquiry will operate so as not to prejudice the ongoing criminal investigation into the original offences of which Andrew Malkinson was convicted, and the investigation by the Independent Office for Police Conduct (IOPC) into matters concerning Andrew Malkinson’s case.
The Inquiry will establish:
- The course of events from the date of the offence to Andrew Malkinson’s exoneration by the Court of Appeal.
- Decisions made and actions taken by individuals in the main agencies involved (including but not limited to GMP, CPS and CCRC), as well as the procedures in place within those agencies.
The scope of this work will include the investigation, discovery, handling and disclosure of evidence related to the attack on 19 July 2003 - both that which led to Andrew Malkinson’s wrongful convictions on 10 February 2004, and that which led to his eventual exoneration, together with any other matters the Chair considers relevant and important.
The Inquiry shall set out lessons to be learned, including lessons relating to processes and procedures.
The Inquiry shall report to the Lord Chancellor. It should be completed without undue delay.