Andrew Malkinson, 59, spent 17 years in prison after he was wrongfully convicted of rape. His conviction was quashed in 2023, but he says his fight for justice is not over
Andrew Malkinson, who was wrongfully imprisoned for 17 years for a rape he didn’t commit, has vowed to continue his battle to overhaul the legal system’s approach to miscarriages of justice.
Mr Malkinson, now 59, was found guilty of raping a woman in Greater Manchester in 2003 and the following year he was jailed for life with a minimum term of seven years. He saw his conviction quashed in 2023 after steadfastly maintaining his innocence.
Greater Manchester Police (GMP) have said they are “truly sorry” for what took place and described Mr Malkinson as the “victim of such a grave miscarriage of justice”. But in an interview with The Sunday Times, Mr Malkinson described how his “life was desolated” by the false conviction and expressed his commitment to reforming the justice system, starting with the Criminal Cases Review Commission (CCRC).
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He declared: “I haven’t finished. I want to change a lot more. It’s a good feeling that something so dreadful and tragic is leading to real change.” This news coincides with the announcement that Dame Vera Baird KC will assume the role of interim chairwoman of the CCRC.
Starting from June 9 until December 8 next year, the barrister is charged with conducting a critical review of the independent body’s operations and ensuring that lessons are learnt from past cases.
Mr Malkinson voiced his ongoing fury towards the CCRC and the Government’s compensation scheme, which he believes unfairly hinders wrongly convicted individuals from receiving financial redress. He stated: “This is an assault on innocent people. It’s an assault on the public, because any member of the public could end up where I was. Anybody could be the next victim, because there will be more.”
Despite having his name cleared in 2023, Mr Malkinson had to wait until February before receiving his initial compensation payment. Mr Malkinson had been surviving on benefits and using food banks since his release until then.
The 2014 Antisocial Behaviour, Crime and Policing Act stipulates that compensation is only granted to those who can establish their innocence to an almost certain degree. Figures from the Ministry of Justice indicate a mere 6.5% success rate for miscarriage of justice compensation claims between April 2016 and March 2024; just 39 out of 591 applicants received payouts.
Data revealed that of these, 35 have actually received funds, with the average amount being £68,000.
In February, solicitor Toby Wilton acknowledged the payment but urged for the removal of the £1 million cap on compensation awards. This sum signifies the highest remuneration possible for individuals falsely imprisoned for a decade or more.
“The Government should lift the current cap on compensation, and end the twisted quirk that whilst awards under other compensation schemes are excluded from assessment for benefits,” he argued.
