The case of Lucy Letby is one of the most controversial cases in British legal history. As is well known, the neonatal nurse is currently serving 15 whole-life sentences for the murder of seven infants and the attempted murder of eight others. Her application for leave to appeal her convictions returned at her first trial was firmly rejected by the Court of Appeal on 2nd July 2024 as unarguable. 

In this episode of Double Jeopardy, Ken Macdonald and Tim Owen respond to comments and criticisms received after discussing the Lucy Letby case in the most recent episode ‘Lucy Letby: The Shadow of a Doubt?"

Ken and Tim respond to listeners addressing concerns about the fairness of the trial process and the credibility of the Court of Appeal process. They also discuss the recent admission by the Crown Prosecution Service that certain evidence was mislabeled at the original trial and whether this affects the conclusion that Lucy Letby’s convictions are safe. They explore the possibility of reopening the appeal and the potential for a different approach to reviewing scientific evidence before the Court of Appeal. 

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The case of Lucy Letby generated shock, revulsion and bewilderment, casting a long shadow over the trust that we place in those who care for the most vulnerable. 

In the latest episode of Double Jeopardy, Ken and Tim discuss one of the most controversial cases in British legal history—the conviction of Lucy Letby, the neonatal nurse sentenced to 15 whole-life sentences for the murder of seven infants and the attempted murder of eight others.

Ken and Tim explore the widespread media coverage and the intense public reaction to Letby’s case, including the growing number of conspiracy theories that have emerged on the internet as well as more serious articles in reputable media outlets. They critically examine the arguments put forth by those questioning her conviction and discuss the Court of Appeal's comprehensive rejection of her application for leave to appeal and the refusal to admit fresh expert evidence.

They emphasise that any discussion about a miscarriage of justice must start with an understanding of the basis for the Court of Appeal’s rejection of Lucy Letby’s appeal. The episode also touches on the upcoming public inquiry to be Chaired by Lady Justice Thirlwall (which will investigate events at the Countess of Chester hospital and whether the management structure at the hospital contributed to the failure to protect babies from Letby’s actions) and whether the public inquiry has the potential to generate new evidence that may form the basis for a second appeal following a referral by the Criminal Cases Review Commission.

Tim and Ken aim to shed light on the complexity of the case and are critical of those who have questioned Letby’s guilt without understanding the details of the case and the dynamics of a criminal trial. They stress the importance of basing any claims of a miscarriage of justice on a thorough understanding of the evidence, the legal processes involved and especially the details of the 58 page Judgment of the Court of Appeal handed down on 2nd July 2024.

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Ken Macdonald and Tim Owen speak to Jessica Simor KC, an acclaimed specialist in public and regulatory law, EU law, competition law and human rights law. 

The episode discusses the issue of whether litigation, whether before the European Court of Human Rights or domestic courts can be effective in addressing the challenge presented by climate change. They highlight two landmark cases in which Jessica Simor acted - one against the Swiss government and one against the UK government. The Swiss case saw a group of elderly Swiss women, bringing the case that they suffered personal health issues caused by heatwaves, and used litigation to hold their government accountable for climate change. 

Tim and Ken further explore the UK case in the High Court in London recently which was brought by Friends of the Earth, Client Earth and the Good Law Project. Mr Justice Sheldon found the government was found to be falling short in meeting its obligations under the Climate Change Act 2008. The judicial review judgement held that the government had breached its duty under the Climate Change Act 2008 to adopt policies and proposals to enable legally binding carbon reduction targets to be met. Both cases marked a significant victory for climate activists.

A great episode around the urgency of combating climate change, the pressure on national governments for climate action and the influence of the Paris agreement on court decisions.

Ken Macdonald and Tim Owen react to the passage of the ‘Safety of Rwanda (Asylum and Immigration) Act 2024' with Jonathan Jones KC, former Head of the Government Legal Department and Senior Consultant in Public and Constitutional Law at Linklaters.

In his first broadcast interview, Ken Macdonald and Tim Owen discuss fraud, whistleblowers and disclosure with new Director of the Serious Fraud Office, Nick Ephgrave QPM.

Ken Macdonald and Tim Owen discuss Boris Johnson and the degradation of the British State with author of ‘Downward Spiral’, John Bowers KC.

Ken Macdonald and Tim Owen discuss the need for a Royal Commission into Criminal Justice with Editor of the Criminal Law Review, Dr Hannah Quirk

Ken Macdonald and Tim Owen discuss cancellation and the politics of gender with criminologist Professor Jo Phoenix.

Ken Macdonald and Tim Owen talk to victorious leading counsel for the post masters and mistresses, Patrick Green KC

Ken Macdonald and Tim Owen discuss the Safety of Rwanda Bill and a parliament in wonderland with former Head of the Government Legal Department, Sir Jonathan Jones KC.

Ken Macdonald and Tim Owen discuss access to law and legal aid deserts with past President of the Law Society, I. Stephanie Boyce

“UK riots shops boarded up as England braces for rioting. Thousands of officers on standby as police plan for up to 100 disturbances and 30 counter protests’

In this episode of Double Jeopardy Ken Macdonald and Tim Owen sit down to discuss the planned riots in response to the tragic Southport incident looking at how Keir Starmer is responding, the role of the courts and the suggestion we need to use anti-terrorism laws to deal with the rioters.

Ken and Tim also touch on the 2011 riots which spread from a protest about the shooting of Mark Duggan by police in Tottenham where 2,158 people were convicted of involvement in the 2011 riots, leading to prison sentences totalling more than 1,800 years.

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Ken Macdonald and Tim Owen discuss demonstrations, terror and the spectre of hate with Independent Reviewer of Terrorism Legislation, Jonathan Hall KC.

Ken Macdonald and Tim Owen discuss political reform and the disaster of Britain’s prisons with Convenor of the Commission on Political Power, Frances Crook

In a special episode, we discuss the Supreme Court’s Rwanda ruling and the government’s response with legal commentator, Adam Wagner.

Ken Macdonald and Tim Owen discuss sentencing, prisons and lefty lawyers with Secretary of State for Justice and Lord Chancellor, Alex Chalk KC

In a special edition, Ken Macdonald and Tim Owen discuss secret trials and promises to Parliament with leading Special Advocate, Angus McCullough KC

Ken Macdonald and Tim Owen discuss the Independent Review of Disclosure and Fraud Offences with leading fraud Barrister, Ian Winter KC.

Ken Macdonald and Tim Owen discuss the threat and promise of Artificial Intelligence with world-leading Computer Scientist, Professor Stuart Russell

Ken Macdonald and Tim Owen discuss Andrew Malkinson and miscarriages of justice with former Solicitor General Lord Edward Garnier KC

Ken Macdonald and Tim Owen discuss the UK’s prickly relationship to the European Court of Human Rights with former President of the Court, Robert Spano

Ken Macdonald and Tim Owen discuss the constitutional crisis in Israel with Times columnist and public commentator Melanie Phillips

After spending the best part of 15 years in party politics, Sarah Lunnon now believes that responding to the climate emergency needs a new democracy, a revolution rather than reform.

In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Lunnon, former Green Party Councillor and Co-founder of Just Stop Oil, to discuss the lengthy sentences recently handed down on 5 Just Stop Oil activists for their actions in attempting to create gridlock in London and the South of England in November 2022 and the impact these sentences may have on future protests. They also debate the failure of the government to take effective action on climate change and the role of civil disobedience in driving change.  

The discussion raises questions about the legitimacy and effectiveness of harsh punishment and whether the UK is out of step with other European countries in terms of sentencing climate protesters.

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Ken Macdonald and Tim Owen discuss newspaper ethics, private lives and the outing of Huw Edwards with leading media barrister Gavin Millar KC

Ken Macdonald and Tim Owen debate ethics, the cab rank rule and regulating ex-Judges with Professor of Law and Professional Ethics Richard Moorhead

Ken Macdonald and Tim Owen discuss bankers, cover ups and a quest for justice with BBC Economics Correspondent, Andy Verity.

Ken and Tim discuss intolerance, Stonewall and free speech in universities with employment lawyer and author of the Reindorf Report, Akua Reindorf KC

Ken Macdonald and Tim Owen discuss judges, power and parliamentary sovereignty with head of Policy Exchange's Judicial Power Project, Professor Richard Ekins KC (Hon)

Ken Macdonald and Tim Owen discuss spies committing crimes and how to get rid of the death penalty with Director of Reprieve, Maya Foa

Ken Macdonald and Tim Owen discuss the Online Safety Bill and its threat to free speech on the internet with Chief Legal Counsel to the Free Speech Union, Dr Bryn Harris

Ken Macdonald and Tim Owen discuss Louise Casey’s incendiary report on the Metropolitan Police with crime and policing expert Harvey Redgrave

The justice system in the UK has faced many challenges over the past 14 years, most notably funding cuts and a lack of resources.

In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Fiona Rutherford the Chief Executive of JUSTICE to discuss the state of the justice system in the UK.

They reflect on the past 14 years, discussing what has gone right, what has gone wrong and what to expect in the future. They cover topics such as the motivations for becoming a lawyer, the challenges of policy-making, the impact of austerity on the justice system and the recent bills announced in the King's speech. 

Fiona emphasises the need for outcome-focused policies that address the root causes of crime, such as housing, health, and education, the conversation concludes with Fiona's top 5 legislative priorities including: improving the criminal justice system, setting outcome-focused goals across departments and ensuring better data collection.

Ken Macdonald and Tim Owen discuss the Scottish Gender Bill and its potential impact on women’s rights with leading equality and discrimination barrister Karon Monaghan KC

Ken Macdonald and Tim Owen discuss the refugee crisis and its legal and political implications with leading immigration and asylum lawyer and former High Court judge, Sir Nicholas Blake.

Ken Macdonald and Tim Owen discuss media assaults on lawyers, improving diversity at the Bar, and why lawyers shouldn’t be State investigators with new Bar Chair, Nick Vineall KC

Ken Macdonald and Tim Owen discuss Dominic Raab and his Bill of Rights, reforming the office of Lord Chancellor, and why barristers were right to go on strike with former Secretary of State for Justice, Sir Robert Buckland KC

Ken Macdonald and Tim Owen discuss injustice, progress and the days of police impunity with legal legend Helena Kennedy KC

Ken Macdonald and Tim Owen discuss prison, parole and a relentless punishment arms race with Andrea Coomber KC, CEO of the Howard League for Penal Reform.

Mark Fairhurst, the National Chairman of the Prison Officers Association, returns to Double Jeopardy to further discuss the prison crisis, now a focal point in the first week of the new Labour government.

Guided by hosts Ken Macdonald and Tim Owen, the conversation addresses the emergency measures announced by the new Lord Chancellor, Shabana Mahmood, aimed at addressing critical prison overcrowding.

Amongst discussing historical context and years of inaction, the podcast also talks about the broader systemic changes needed, including probation service, mental health support and the role of the judiciary in sentencing reform. 

Ken and Tim also highlight the appointment of James Timpson as the new Prisons Minister and discuss his views on prison reform as well as the potential changes for the future of penal policy.

Ken Macdonald and Tim Owen discuss rights, politicians and populist attacks on the judges with Baroness Hale of Richmond, former President of the UK Supreme Court.

Ken Macdonald and Tim Owen discuss SLAPPs, oligarchs, press regulation and the legend that was George Carman QC with leading media lawyer Hugh Tomlinson KC.

Ken Macdonald and Tim Owen discuss Africa’s rise, and why many Africans sympathise with Russia, with Harvard academic Hakeem Belo-Osagie.

Ken Macdonald and Tim Owen discuss the chaos in Westminster, the resignation of Suella Braverman, and the threat of further cuts to the justice system.