GovWire

Overview

The Terms of Reference for the independent non-statutory inquiry into the miscarriage of justice suffered by Mr Andrew Malkinson (Andrew Malkinson Inquiry) were published on 26 October 2023.

The Inquiry shall investigate the handling of the case of Mr Andrew Malkinson by Greater Manchester Police, the Crown Prosecution Service and the Criminal Cases Review Commission. This will cover the handling of the case prior to Mr Malkinsons convictions and his subsequent applications to appeal.

The Chair of the Inquiry, HHJ Sarah Munro KC said:

I am honoured to be appointed to chair the Andrew Malkinson Inquiry. Mr Malkinsons wrongful convictions for horrific crimes he did not commit have cost him nearly two decades of freedom time he has been forced to spend protesting his innocence and fighting for justice and have had a devastating impact on his life.

The Inquiry will focus on the police investigation, criminal trial, Mr Malkinsons appeals and any matters that I consider relevant and important to uncovering how and why this serious miscarriage of justice took place.

Mr Malkinson deserves the truth, and I am determined that this Inquiry will be fearless and robust in seeking that truth and considering what lessons the justice system must learn.

Terms of Reference

Andrew Malkinson Inquiry: Terms of Reference

Inquiry Chair

Her Honour Judge Sarah Munro KC

Biography

Her Honour Judge Sarah Munro KC was called to the Bar by Inner Temple in 1984. She practised on the Western Circuit from Walnut House Chambers, specialising in criminal work, including homicide, serious fraud, serious sexual offences, and drug offences including importation. She also conducted prosecutions for HM Revenue and Customs. Sitting as an Assistant Coroner for East London, she held the inquests into deaths of four victims who were murdered by Stephen Port. She was also the first person to deliver televised sentencing remarks.

HHJ Munro KC was appointed a Crown Court Recorder in 1998, Queens Counsel in 2002, a Circuit Judge in 2011 and a Senior Circuit Judge at the Central Criminal Court in 2017. She has also served as a judicial member of the Sentencing Council.

Counsel Team

Sophie Cartwright KC: Counsel to the Inquiry

Biography

Sophie Cartwright KC was called to the Bar in 1998 following a criminal pupillage. Sophie previously acted as Counsel to the Manchester Arena Inquiry and the Anthony Grainger Inquiry. Sophie is one of the KC team of Counsel to the UK Covid-19 Inquiry.

Sophie specialises in public inquiries, inquests (including regularly acting as Counsel to the Inquest), public law, regulatory and disciplinary proceedings. Sophie is Co-Chair of the Greater Manchester Pro Bono Committee; the Northern Circuit Pro Bono representative and a member of the Attorney Generals Pro Bono Committee. Sophie sits as a Recorder in the Crown Court and as an Assistant Coroner. Sophie is a Master of the Bench at Inner Temple.

Juliet Wells

Biography

Juliet Wells is a barrister at Temple Garden Chambers. She is a member of the Attorney Generals C Panel of Counsel. Juliet specialises in human rights, public law, inquests and public inquiries, commercial law, and international law. She has considerable experience of acting in heavy group litigation and large-scale inquests and inquiries, including acting in the Grenfell Tower Inquiry and for the families of the victims of the mass shooting in Keyham, Plymouth.

Solicitor to the Inquiry

Farhana Rahman-Cook

As the Solicitor to the Inquiry, Farhana will be advising on legal and procedural issues.

Farhana qualified in 2002 and specialised in criminal defence, becoming Equity Partner and Department Head at an established criminal defence firm. She joined the Crown Prosecution Services Proceeds of Crime Department as a District Crown Prosecutor in 2018.

Farhana has held key roles in other independent inquiries. She joined the DHSC Infected Blood Inquiry team as a Senior Lawyer representing the Department, which is a Core Participant. In 2023 she joined the Post Office Horizon IT Inquiry as a phase lead. She has represented witnesses at the Iraqi Fatality Investigation. Farhana is also a judicial officer holder on two tribunals.

Secretary to the Inquiry

Clare Toogood

As Secretary to the Inquiry, Clares role is to report to the Chair and act as the main contact between the Inquiry and the Ministry of Justice. Clare works to and for the Inquiry and it is her job to assist the Inquiry in whatever way necessary to fulfil the Terms of Reference. Clare is also responsible for the wider Inquiry team.

Clare is an experienced Senior Civil Servant and has worked in a variety of policy and operational roles across the Ministry of Justice, Foreign Commonwealth and Development Office, the Crown Prosecution Service and in Local Government.

Contacts

The Inquiry can be contacted at:

info@AndrewMalkinsonInquiry.uk

Policies and Protocols

Phase 1: Disclosure Protocol (PDF, 154 KB, 6 pages)

Privacy notice in respect of phase 1 of the Andrew Malkinson Inquiry (PDF, 107 KB, 6 pages)

Announcements

Announcement of the Inquiry

Government orders independent inquiry into handling of Andrew Malkinson case: 24 August 2023

Announcement of the Chair

Judge appointed to chair independent Malkinson Inquiry: 26 October 2023

Written Ministerial Statement

Andrew Malkinson Inquiry: Written Ministerial Statement: 26 October 2023