Post-Conviction DNA Testing and Appeals in the UK

Last reviewed: August 2026

Quick answer: There is no automatic right to post-conviction DNA testing in the UK, but modern DNA techniques can be the basis of a successful appeal. The usual route is an application to the Criminal Cases Review Commission (CCRC), which has the power to commission new forensic testing and refer a conviction back to the Court of Appeal. The 2023 exoneration of Andrew Malkinson – cleared of rape after 17 years in prison when new DNA testing pointed to another man – shows both the power of this route and how hard families sometimes have to fight for it.

DNA science has moved on enormously since the 1990s and 2000s. Samples that once produced nothing can now yield full profiles, and profiles can be searched against the National DNA Database. For prisoners who maintain their innocence, that creates a real, if demanding, route to challenging a conviction. This guide explains how appeals work, where DNA evidence fits in, and how to get help.

The appeal routes, compared

Route	Time limit	Test applied	Best for
Appeal to the Court of Appeal	28 days from conviction/sentence (leave needed out of time)	Is the conviction unsafe?	Errors at trial; fresh evidence that could not have been presented
Application to the CCRC	None – but you must normally have appealed first	Real possibility the Court of Appeal would quash	New DNA testing, new witnesses, non-disclosure discovered later
Fresh evidence under s.23 Criminal Appeal Act 1968	Within an appeal or CCRC referral	Is the evidence capable of belief and does it affect safety?	Modern DNA re-testing of trial exhibits

How post-conviction DNA testing actually happens

Unlike some US states, the UK has no statutory right to demand re-testing of exhibits. In practice, testing happens in one of three ways: the defence commissions its own expert (if the exhibits still exist and access is agreed), a charity such as APPEAL takes the case on, or the CCRC uses its statutory powers to obtain material and instruct forensic scientists. The CCRC route is free, does not require a solicitor, and the CCRC can obtain material that defence teams cannot – including police files and exhibits held by forces.

Preservation of exhibits is the biggest practical hurdle. Forces are expected to retain material in serious cases, but exhibits are sometimes lost or destroyed, and access can be refused on cost grounds. If you believe DNA evidence in your case could be re-tested, it is worth acting sooner rather than later and asking, in writing, for confirmation that exhibits are preserved.

The Malkinson case: why it matters

Andrew Malkinson was convicted of rape in 2004 and served 17 years, always maintaining his innocence. New DNA testing arranged after his representatives approached the CCRC in 2021 produced a profile from the victim’s clothing matching another man on the National DNA Database, and in 2023 the Court of Appeal quashed his convictions. The case prompted the CCRC to review dozens of older cases for possible DNA re-testing, and led to significant criticism of how earlier applications had been handled – a reminder that persistence, and fresh scientific eyes, can change outcomes.

Common misunderstandings

“I can demand a DNA test whenever I want.” There is no automatic right; testing depends on exhibits surviving and on the CCRC, the courts or your own experts taking it forward.
“The CCRC decides innocence.” It does not – it investigates and refers cases back to the Court of Appeal where there is a real possibility the conviction will be quashed.
“A failed appeal means the end.” A CCRC application can be made after an unsuccessful appeal, and repeat applications are possible where genuinely new material emerges.
“DNA at the scene proves guilt (or innocence) by itself.” Courts look at what the DNA proves in context – how and when it got there matters as much as whose it is.

Making a CCRC application

Applying is free, the form is straightforward, and prisoners can apply from their cell – the CCRC provides an easy-read form and accepts applications by post. You should explain what is new: what was not before the jury, and why it matters. Legal help improves the quality of applications; see our guides to legal aid and funding for appeals and finding a prison law solicitor. Our overview of the criminal appeals process and appealing a sentence cover the wider picture.

FAQ

How long does a CCRC review take?

It varies widely – from months for simple cases to several years where new forensic work is commissioned. Complex DNA cases sit at the longer end.

Can DNA testing help if I pleaded guilty?

It is harder, but not impossible – the CCRC can refer guilty-plea convictions where compelling new evidence undermines the basis of the plea.

Who pays for the testing?

If the CCRC takes the case, it commissions and pays for the forensic work. Defence-instructed testing must be privately funded or supported through legal aid where available.

What happens if my conviction is quashed?

You are released (if still in custody) and the court may order a retrial. Compensation for miscarriage of justice is possible but subject to a strict statutory test.

General information, not legal advice. If you are maintaining innocence, get advice from an appeals specialist as early as possible.