In Conversation with Cath Snow – Miscarriages of Justice: Improving Support for Survivors

Forensic psychiatrist Adrian Grounds equates experiencing wrongful imprisonment to kidnapping – an experience where one’s rights are systematically stripped away, leaving little hope even when innocence is maintained. In the UK, the final avenue for redress is the Criminal Cases Review Commission (CCRC). However, recent controversies, including the resignation of the CCRC Chair, Helen Pitcher over the mishandling of APPEAL’s client Andrew Malkinson’s case – who spent over 17 years in prison for a crime he did not commit – have undermined confidence in the process.

With extensive experience working in prisons as a facilitator and a master’s degree in criminal justice policy from the London School of Economics, Cath has witnessed the damage caused by incarceration. Her work at APPEAL, which includes support for Andrew Malkinson, and with its community, Bound by Injustice, has highlighted the stark lack of support in the UK for survivors reintegrating into society after enduring a miscarriage of justice.

“Exonerees have little public presence. I tried to imagine what it might be like to see someone you love wrongly accused and kidnapped, and it was hard to fathom. Over the past three years I have learnt so much about what our community needs, but it isn't enough.”

While the UK is often celebrated for having one of the world’s best criminal justice systems – and with New Zealand recently adopting a similar CCRC model – Cath’s Fellowship will take her to the USA, where the widespread innocence network offers a model of support that is notably limited in the UK. She hopes to learn about best practices to aid those wrongly accused and their families, who not only endure the financial burdens and societal stigma of imprisonment but also suffer the pain of prolonged separation from loved ones.

Cath recognises that many in the UK only gain an understanding of the criminal justice system once they are within it. At the moment of accusation, those maintaining their innocence frequently lack access to critical information, face dismissive attitudes from the police, and can be paired with solicitors unfamiliar with their cases. A poignant example is Andrew Malkinson’s case where after his exoneration in July 2023, he recounted in a BBC Radio 4 interview how after 17 years wrongly imprisoned, on release he was expected to pay his board and lodging to the prison service if compensated – a practice that has since been abolished thanks to his advocacy.

“Unless you are in court, you don’t know how the system works. I am travelling to the USA to find out how better to support exonerees and their families. I will engage with exonerees, grassroots organisations run by exonerees, those in contact with the justice system, and those fighting to release the wrongfully incarcerated.”

Another key area Cath is eager to explore is the process of rehabilitation of exonerees into society. At the upcoming Innocence Network conference in Seattle, she will listen to survivors discuss the support they needed, what they received, and what they wish had been available. These insights will be crucial in shaping better support systems for exonerees in the UK.

Currently, survivors of miscarriages of justice in the UK face a significant gap in post-release support. Unlike those who have served their sentences, exonerees lose access to rehabilitation services immediately upon exoneration. Coupled with an often deep-seated mistrust of state institutions – the police and court – this isolation affects not only the survivors but their families and friends.

“I am really interested in visiting the USA organisations that are run by people with lived experience and meeting exonerees who are directly involved in their own care, undertaking the “nothing about me, without me” approach. Understanding how we can do better to include those with lived experience to re-enter back into society post prison.”

Cath believes that while change is happening as a result of historic miscarriages of justice, there is so much still that could be done to support those awaiting exoneration, those still in prison proclaiming their innocence and their families.

“The Churchill Fellowship is remarkable. It is a great opportunity to research a project you’re passionate about, have it funded, and be able to bring learnings back to the UK. I am so excited about my Fellowship trip and deeply grateful to the Churchill Fellowship for this chance to drive meaningful change.”