Mr. Malkinson, 57, was convicted of raping a woman in Manchester in 2003 and was jailed for life the following year but DNA tests later proved another man had committed the crime.
His convictions were quashed by judges at the Court of Appeal on Wednesday and Greater Manchester Police immediately offered an apology.
The Law Commission’s decision to launch a consultation is apparently a complete coincidence and not linked to the Mr. Malkinson case.
‘Robust Safeguard Against Wrongful Convictions’
She said the commission wanted to consider proposals for reform which would ensure an appeals process which “provides a robust safeguard against wrongful convictions” and boosts confidence in the criminal justice system.“We therefore welcome a wide range of responses to our issues paper to help us identify if there are areas of the law that are not working,” Mrs Lewis added.
At the time of Mr. Malkinson’s trial, there was no DNA evidence and the prosecution case against him was based entirely on identification evidence, which turned out to be inaccurate.
Two witnesses who identified Mr. Malkinson had convictions for dishonesty offences and one was a heroin addict.
But a DNA sample had been taken and was eventually tested in October 2022 and linked to another man, who has since been arrested.
The legal charity Appeal said lawyers working on alleged miscarriage of justice cases were “routinely” denied access to evidence by police forces and the Crown Prosecution Service.
Emma Torr, Appeal’s legal director, said: “We welcome the Law Commission’s review of unfair disclosure reviews, which currently prevent miscarriages of justice being brought to light.
“Andy Malkinson’s case is just the tip of the iceberg. We believe there are many others who have been wrongly convicted but are unable to access evidence to prove their innocence,” Ms. Torr added.
Yvette Cooper Criticises Plan to Deduct Prison Costs From Compensation
Ms. Cooper also said she thought it would be inappropriate for Mr. Malkinson to have the cost of his accommodation while he was in prison deducted from a compensation settlement, as has been reported.“I don’t think anyone would think that that was appropriate for Mr. Malkinson to be penalised any further in this case,” she said.
Sean Parker, editor of False Allegations Watch, told The Epoch Times: “Malkinson’s wrongful conviction came in the same year new Labour’s Criminal Justice Bill paved the way for the era of ‘believe the victim,’ #MeToo-related exaggerations, and trial-by-allegation, all supported by a compliant mainstream media culture.”
He said, “That the Kevin Spacey not guilty verdicts and Malkinson two-decades-after-the-fact exoneration arrived on the same day is auspicious for the Law Commission’s consultation on how to deal with sex allegations.”