Double Jeopardy - UK Law and Politics - podcast cover

Double Jeopardy - UK Law and Politics

Ken Macdonald KC and Tim Owen KC
Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political present and future. What happens when law and politics collide?  How do politics shape the law - and when does the law push back?  What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged?  And who really holds power in Britain’s legal and political system?  Get answers to questions like these weekly on Wednesdays. Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, human rights and the British Constitution.  Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, and a leading voice on civil liberties.  Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades. Both bring unparalleled experience from the frontline of Britain's legal and political landscape.  Episode topics have included:  How UK politics is shaping the legal system and British politics explained – from judicial review of government decisions to the erosion of civil liberties.  The toxic confrontation between gender critical feminists and trans activists over what defines a woman in law.  The extent to which special measures intended to support vulnerable witnesses are making it harder to prosecute rape and other serious sexual offences.  Inside the most controversial legal cases – including human rights battles over immigration law, terrorism and national security, the Assisted Dying Bill and the gross miscarriage of justice in the Andrew Malkinson case.  Britain’s never ending criminal justice crisis – from overfilled prisons to policing policies that test the rule of law, threats to jury trial and the massive backlog of Crown Court cases.  Lucy Letby’s convictions, the media’s role, the Court of Appeal’s detailed rejection of her appeal and the fresh evidence which may demonstrate fundamental problems with the safety of the convictions.   Episodes feature discussions with the most influential voices in law, politics, and justice, including:   Professor Kathleen Stock – leading gender critical feminist and Professor of Philosophy hounded out of her job at Sussex University discusses science, gender and the importance of free speech.  Joshua Rozenberg - Legal commentator and broadcaster reviewed major legal and political developments, including judicial independence, rule of law, and shifts in UK legal norms.  Baroness Brenda Hale – Former President of the Supreme Court discuss human rights, politicians and populist attacks on the judiciary.  Danny Shaw - Former BBC Home Affairs Correspondent explored the government’s Crime and Policing Bill, political motives behind law-and-order messaging, and public trust in the justice system.  Melanie Phillips – Times columnist and public commentator discussed the developing constitutional crisis in Israel arising from the Netenyahu government’s plans to trim the powers and role of Israel’s Supreme Court.  If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll enjoy Double Jeopardy. If you would like to sponsor the podcast, contact us at info@thepodcastguys.co.uk.
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Episodes

Lucy Letby: Will She Waive Privilege as UK Prosecutors Widen the Net?

The Crown Prosecution Service (CPS) is reviewing new allegations against Letby herself, alongside claims of corporate failings that could amount to corporate manslaughter. As police investigate, questions are mounting about accountability at the highest levels of the health system and beyond. As police escalate their investigation into the National Health Service (NHS) leadership, three former senior managers at the Countess of Chester Hospital have been arrested on suspicion of gross negligence...

Jul 09, 202543 minEp. 107

Bombing Iran: Self-Defence or a Lawless Attack?

Has the United States & Israel broken international law by bombing Iran? Or was it an act of Self-Defence? Professor Marko Milanovic, a leading expert in international law joins Ken Macdonald KC and Tim Owen KC to assess the legality of the recent Israeli and US military actions against Iranian nuclear facilities. From Article 51 of the UN Charter to the legacy of the Caroline Doctrine, the discussion dives deep into the legal justifications for self-defence, the meaning of "imminent threat,...

Jul 02, 202533 minEp. 106

When UK Law and Politics Collide: Abortion, Assisted Dying, and Bombing Iran

How should members of Parliament decide matters of life and death? In the midst of passionate public debate, Parliament has begun to rewrite the legal boundaries around abortion and assisted dying, but what does that mean for the future of UK law? And has the United States broken international law by bombing Iran? Ken Macdonald KC and Tim Owen KC explore the shifting lines of morality, medicine, legality and war in some of Britain’s most divisive debates. They examine the legal, ethical, and pol...

Jun 25, 202542 minEp. 105

Politics and Money in UK Justice: Juries, Abortion and the Double Jeopardy Postbag

What happens when a justice system is asked to do more with less and at what cost to fairness, freedom, and the rule of law? Crime and justice commentator Danny Shaw appears on the show to examine the political and legal fallout from the UK government’s spending review. With stretched police forces, an underfunded probation service, and mounting pressure on the courts and the prisons, how can Labour’s Manifesto commitment to “Take Back Our Streets” be fulfilled ? Ken and Tim then turn to the bul...

Jun 18, 202545 minEp. 104

UK Politics and Bad Science: Investigating the Graveyard Spiral of Forensic Science in England and Wales

Is Britain still a world leader in forensic science or are we sleepwalking into a criminal justice crisis? Once considered the gold standard, the UK’s forensic science system is not working well for anyone – not for the police, not for the suppliers of services, not for the courts and, by extension, not for the public. Yet we all believe it to be a critical tool that we can rely upon to bring the guilty to justice and exonerate the innocent. Ken Macdonald KC and Tim Owen KC are joined by two of ...

Jun 11, 202542 minEp. 103

David Gauke: Solving the UK Prison Crisis

Why does Britain lock up so many people and is there a better way? The UK has the highest incarceration rate in Western Europe, yet reoffending remains rampant and prisons are at breaking point. What’s gone wrong in our approach to crime and punishment - and is the public ready for a smarter, more effective system? Former Justice Secretary David Gauke, chair of the Independent Sentencing Review, joins Double Jeopardy to examine the findings and implications of the Review, a landmark report that ...

Jun 04, 202542 minEp. 102

State Threats and Subversion: Keeping UK Politics Clean

What if your political beliefs on Brexit, climate change or even gender identity were being subtly shaped by a foreign power? From hostile state actors exploiting social media to the legal grey zone between terrorism and subversion, Jonathan Hall KC, the UK’s Independent Reviewer of Terrorism and State Threat Legislation joins Double Jeopardy to unpack the expanding world of national security, free speech and democratic accountability. Exploring whether new powers are needed or if Britain is on ...

May 28, 202541 minEp. 101

100th Episode of Double Jeopardy - Terminating the Cruelty of Victorian Era Abortion Laws: The Campaign to Decriminalise Abortion Across the UK

In three of the four nations of the UK, abortion remains a crime under legislation passed in 1861, subject to the exemptions from criminal liability in the Abortion Act 1967. Paradoxically, abortion was decriminalised in Northern Ireland in 2019, so that it is now seen as a matter of healthcare rather than the criminal law. Recent prosecutions in England under section 58 of the Offences Against the Person Act 1861 have reignited debate over whether abortion belongs in the criminal courts at all ...

May 21, 202548 minEp. 100

Debating the Rule of Law in the UK: Hermer versus Wolfson

The clash between David Wolfson KC’s “thin” interpretation of legal principle and Attorney General Richard Hermer’s “thick” is explained through the experienced legal eyes of Ken Macdonald KC and Tim Owen KC on this episode of Double Jeopardy. They dig into the political implications of these contrasting views, the role of parliamentary sovereignty, how the UK navigates its obligations under international law, including the Chagos Island dispute and the role of the International Criminal Court, ...

May 14, 202546 minEp. 99

Reforming Criminal Appeals and Righting the Wrongs of UK Justice

Given the gross miscarriages of justice exposed by the Post Office/Horizon scandal, the extraordinary delay in reversing the wrongful conviction of Andrew Malkinson due to repeated failures by the Criminal Cases Review Commission and the continuing calls for the case of Lucy Letby to be referred back to the Court of Appeal, is the criminal appeal system in need of fundamental reform? Connecting the dots between recent events, and the health of criminal justice in Britain is Professor Penney Lewi...

May 07, 202546 minEp. 98

Authoritarians Against Lawyers: Political Attacks on the Rule of Law

As support for populist movements grows, judicial independence and the rule of law are increasingly under attack. Lawyers around the world are becoming front-line defenders of democracy - and paying the price. Double Jeopardy hosts Ken Macdonald KC and Tim Owen KC explain the situation with expert legal commentary and legal system insights. Renowned international lawyer Robert Amsterdam joins the conversation to explore the vital - and increasingly precarious -role of legal professionals in demo...

Apr 30, 202539 minEp. 97

Womanhood Defined: The UK Supreme Court Puts Biology and Science at the Heart of UK Discrimination and Human Rights Law and Transforms the Approach of UK Politics to Adult Human Females

What does the law say about who counts as a woman - and who gets to decide? Unpacking the UK Supreme Court’s recent ruling on the definition of “woman” under the Equality Act 2010 and Gender Recognition Act is guest Karon Monaghan KC, one of the UK’s leading employment and discrimination law barristers. See here for a link to the judgment. The discussion of this high-profile legal case tackles the legal system’s treatment of trans rights, women’s rights, and single-sex spaces, revealing the tens...

Apr 23, 202539 minEp. 96

Fake News on Asylum, The Battle to Define Human Rights Law, and Labour’s New UK Politics

What happens when political leaders and media outlets misrepresent court decisions, and how does this impact judicial independence and public trust in the UK legal system? A range of high-stakes UK law and UK politics issues that have dominated headlines recently are tackled in this listener-driven postbag edition of Double Jeopardy. Hosts Ken Macdonald KC and Tim Owen KC begin with a scathing analysis of media misreporting on high-profile legal cases, including sensational headlines about immig...

Apr 16, 202537 minEp. 95

Disclosure, Artificial Intelligence, and Modernising UK Criminal Justice: Will the Fisher Report Have Any Real Impact on Collapsed Trials and the Crumbling UK Justice System?

What happens when the very foundation of criminal justice - the prosecution disclosure process to the defence - fails to meet modern demands? This episode focuses on the Fisher Report, a groundbreaking review that addresses the critical issues surrounding prosecution disclosure in complex criminal trials, a key issue in the ongoing criminal justice crisis in the UK. Ken Macdonald KC and Tim Owen KC are joined by Ian Winter KC , a leading criminal silk, and the conversation explores how too many ...

Apr 09, 202538 minEp. 94

Two Tier Justice, Mass Migration, and a Pound Shop Trump in the UK Parliament

Is the UK heading toward a constitutional clash over crime and justice? Exploring a wide range of pressing issues, from the government’s proposed emergency legislation to override revised sentencing guidelines, to the implications of an international summit on organised migration crime. Examining the complexities of asylum claims, the growing controversy around Article 8 of the Human Rights Act, and how media narratives are shaping public perception of the UK legal system. As expert legal commen...

Apr 02, 202540 minEp. 93

Lucy Letby’s Victims Strike Back: Identification Evidence, Miscarriages of Justice and Legal System Insights into How UK Juries Reach their Verdicts

Exploring the high-profile Lucy Letby case, and the dangers of relying too heavily on identification evidence, this episode of Double Jeopardy raises critical concerns about the ban on jury research and how it hampers efforts to improve the criminal justice system through controlled academic study. As expert legal commentators, Tim Owen KC and Ken Macdonald KC unpack the importance of pre-sentence reports in sentencing decisions - highlighting how vital they are in a time of crisis within UK pri...

Mar 26, 202533 minEp. 92

Judicial Independence, Human Rights Law and Political Hypocrisy: Breaking Down the 6 Page Letter from the Sentencing Council Chair

Is UK criminal justice really heading towards a two-tier sentencing system? A fierce debate has erupted over the Sentencing Council’s new guidance on pre-sentence reports, which highlights the need for greater consideration of certain defendant groups, including ethnic minorities. Critics argue that this risks creating an uneven playing field, while supporters insist it’s a necessary step toward fairness in sentencing. The Justice Secretary’s reaction has only added fuel to the fire - prompting ...

Mar 19, 202528 minEp. 91

Amending the Assisted Dying Bill and the Sentencing Council Under Attack

Should terminally ill adults have the right to decide how and when they die? The Terminally Ill Adults (End of Life) Bill is discussed by Jake Richards MP and hosts Ken Macdonald KC and Tim Owen KC. They talk about the legislative process, from the intricacies of the committee stage to the broader implications of the private members' bill system. The discussion also focuses on the historical evolution of social change, counter arguments, and the critical safeguards built into the bill. Jake, who...

Mar 12, 202551 minEp. 90

Labour’s Criminal Justice: Performance or Reality?

Is tougher legislation the answer to crime, or is it just more political posturing? The Government’s monster new Crime and Policing Bill promises to crack down on antisocial behaviour, knife crime, and retail theft. But is any of this really necessary, or is it just another example of performative lawmaking? This episode unpacks the bill’s sweeping powers, the political motivations behind it, and asks whether existing laws already cover these issues. With police resources stretched thinly, what ...

Mar 05, 202532 minEp. 89

Why Sentencing is Out of Control

Why is UK penal policy failing so badly? This week, Ken Macdonald KC and Tim Owen KC are joined by former Secretary of State for Justice David Gauke, who has just published Part 1 of his Independent Review into Sentencing. In the face of falling crime, why do we have the highest prison population in Western Europe, and why can’t we reduce our expensive addiction to incarceration? The discussion looks at how other countries have embarked on a process of prison closures, and questions why a decade...

Feb 26, 202532 minEp. 88

Immigration, Asylum and Liberal Democracy

A high-profile immigration case takes centre stage at Prime Minister’s Questions, sparking debate over refugee law and the reality of power politics in an age of populism. In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC dissect Kemi Badenoch’s focus on a controversial ruling involving a Palestinian family. They go on to consider the UN Convention on Refugees, and ask whether it remains viable in a new age of mass displacement and population movement. How should governments r...

Feb 19, 202527 minEp. 87

Lucy Letby: The Experts Break Cover

Ken Macdonald KC and Tim Owen KC explore the latest developments in the case of Lucy Letby, as her new barrister holds a second press conference revealing the conclusion of 14 experts that every baby died either as a result of natural causes or because of medical neglect. Do these new medical opinions ‘demolish’ the evidence of the prosecution experts, as her new barrister claims? Or, as some allege, has this new analysis taken place in a vacuum, ignoring all the circumstantial evidence presente...

Feb 12, 202534 minEp. 86

The Stolen Honour of Andrew Malkinson

Ken Macdonald KC and Tim Owen KC are joined by guest Chris Henley KC, to explore the terrible miscarriage of justice which led to Andrew Malkinson spending 17 years in prison for a rape he didn’t commit. Looking at Chris’s report into the scandal, they examine the failures of the Criminal Cases Review Commission, and its atrocious mishandling of crucial DNA evidence. What lay behind the CCRC’s reluctance to revisit this wrongful conviction, and why did it betray its founding mission? They also c...

Feb 05, 202538 minEp. 85

Southport, Terrorism and Whole Life Tariffs

Ken Macdonald KC and Tim Owen KC review the Southport murder trial, following Axel Rudakubana's sentencing to life imprisonment with a minimum term of 52 years for the murders of three girls in Southport in July 2024. The discussion examines the implications of recent legislative changes surrounding whole life orders for young people, the public's reaction to severe sentencing, and the challenges of defining terrorism within the legal framework. The episode concludes by considering the effective...

Jan 29, 202530 minEp. 84

Listening to Criminals

In this episode, Ken Macdonald KC and Tim Owen KC examine the powerful arguments for using telephone intercept evidence in UK criminal trials. Why are the security services so opposed to a reform that would obviously give a major boost to convicting terrorists and serious criminals, and why have successive governments failed to overcome this opposition? For context, Ken and Tim look at the 2020 joint French/Dutch police operation which led to the demise of EncroChat (the so-called “WhatsApp for ...

Jan 22, 202528 minEp. 83

Foreign Interference in the Age of TikTok and Musk

In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC engage in a thought-provoking discussion with their guest, Jonathan Hall KC, the independent reviewer of terrorism legislation and state threats. Together, they examine the implications of Elon Musk's influence on UK politics, the challenges posed by foreign interference, and the far-reaching impact of the National Security Act. The conversation explores emerging power dynamics between tech companies and nation states, raising ...

Jan 15, 202531 minEp. 82

Spies, Royals and Elon Musk

In the latest episode of Double Jeopardy, hosts Ken Macdonald KC and Tim Owen KC discuss the implications of the recent Chinese spy case involving Yang Tengbo and Prince Andrew. Looking at the role of the Special Immigration Appeals Commission, they consider the sensitive role of national security in immigration law, Britain's evolving view of business relationships with China, and MI5's safety first approach to foreign influence. Sticking with national security, they discuss the trial of the GC...

Jan 08, 202538 minEp. 81

Review of the Year with Joshua Rozenberg

It’s been quite a year for law and politics in the UK. From the unravelling scandal of wrongful convictions in the Post Office Horizon cases, to the chilling aftermath of the Lucy Letby trial, questions about accountability and reform have never been more pressing, as growing scrutiny, and ever more polarised politics, continue to threaten the delicate balance between legal principles and public confidence. And through it all, Double Jeopardy has been bringing expert comment and the sharpest ana...

Dec 18, 202440 minEp. 80

Getting Away with Murder?

The announcement that the Ministry of Justice has commissioned the Law Commission to undertake a comprehensive review of homicide law and sentencing in murder cases alongside the Gauke review of sentencing in non-homicide cases means that sentencing policy in England and Wales will be reviewed simultaneously by two separate bodies. Given the role of longer sentences for murder in increasing sentences across the board, is this a sensible way to tackle the sentence inflation generated over the pas...

Dec 11, 202427 minEp. 79

Judges and the Power of Life and Death

As the House of Commons casts an historic vote on assisted dying, the debate over this deeply contentious issue isn’t going away. If anything, the vote has ignited even stronger passions on both sides, particularly about the judiciary’s role in navigating such morally charged territory, making decisions over life and death. In the latest episode of Double Jeopardy, Ken Macdonald and Tim Owen dissect this dilemma, the impact of religious beliefs on the legislative process, and the delicate balanc...

Dec 04, 202434 minEp. 78
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