Double Jeopardy - UK Law and Politics – Details, episodes & analysis
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Double Jeopardy - UK Law and Politics
Ken Macdonald KC and Tim Owen KC
News
Frequency: 1 episode/9d. Total Eps: 153
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 published by month in
Debating the Rule of Law in the UK: Hermer versus Wolfson
Episode 99
mercredi 14 mai 2025 • Duration 45:56
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, whether the Tories will commit to repeal of the Human Rights Act and leaving the ECHR and ask whether the role and function of the rule of law can ever be approached in a non-partisan way.
Shadow Attorney General David Wolfson KC also joins Double Jeopardy to tackle one of the most pressing questions in UK politics and law today: what does the rule of law really mean - and who gets to define it?
Covering the constitutional crisis created by Brexit/Covid, the right of Parliament to legislate in defiance of international law, the domestic law tensions generated by the expansive approach to human rights law of the European Court of Human Rights and the influence of current political events including the migration debate on attitudes to the rule of law, this episode offers rare, insider insight into the legal and philosophical tensions at the heart of the British system.
If you're looking for thoughtful legal system insights, a deeper understanding of UK politics, or an unflinching look at UK law and legal battles in Britain, this episode delivers it all. Law, politics, and justice - expertly unpacked on Double Jeopardy.
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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 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 at 6am GMT.
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, and human rights.
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, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.
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.
If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.
Learn more about your ad choices. Visit megaphone.fm/adchoices
Reforming Criminal Appeals and Righting the Wrongs of UK Justice
Episode 98
mercredi 7 mai 2025 • Duration 45:40
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 Lewis who joins Ken Macdonald KC and Tim Owen KC to explain, in accessible terms, insider legal perspectives on topics such as the basis on which the Court of Appeal decides whether a criminal conviction is unsafe; the admissibility of fresh, post-trial evidence; the need for reform of juror secrecy; compensation for the wrongly convicted; and whether the Supreme Court should be able to decide for itself whether to entertain an appeal from the Court of Appeal (Criminal Division).
Link to the Law Commission’s Summary of its Consultation Paper on criminal appeals:
https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/54/2025/02/Criminal-Appeals-CP-Summary.pdf
Penney Lewis was formerly Professor of Law and Co-Director of the Centre of Medical Law and Ethics in the Dickson Poon School of Law, King’s College, London and is currently the Criminal Law Commissioner of the Law Commission of England and Wales. The Law Commission is currently consulting on reforms to the law governing criminal appeals including the tests applied by appeal courts and the Criminal Cases Review Commission, post-trial retention of and access to evidence, and compensation and support for the wrongly convicted.
If you're looking for thoughtful legal system insights, a deeper understanding of UK politics, or an unflinching look at UK law and legal battles in Britain, this episode delivers it all. Law, politics, and justice - expertly unpacked on Double Jeopardy.
-----
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 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 at 6am GMT.
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, and human rights.
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, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.
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.
If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.
Learn more about your ad choices. Visit megaphone.fm/adchoices
Labour’s Criminal Justice: Performance or Reality?
Episode 89
mercredi 5 mars 2025 • Duration 31:57
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 impact will these changes have on frontline policing and public confidence in the justice system?
Ken Macdonald KC and Tim Owen KC are joined by leadng commentator Danny Shaw to break it all down.
Learn more about your ad choices. Visit megaphone.fm/adchoices
Why Sentencing is Out of Control
Episode 88
mercredi 26 février 2025 • Duration 32:09
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 decades long penal arms race between the main UK political parties prevents us from doing the same.
Ken and Tim go on to review the Lady Chief Justice’s recent criticism of Kemi Badenoch and Keir Starmer, as she accuses them of completely misunderstanding a recent judgment granting a Gazan family leave to remain in the UK. Was Lady Carr right to intervene in this way?
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Immigration, Asylum and Liberal Democracy
Episode 87
mercredi 19 février 2025 • Duration 27:19
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 respond to migration and asylum, when both are massive drivers of populist political movements seeking to promote authoritarianism and destroy liberal democracy?
Finally, Ken and Tim return to the campaign to remove Richard Hermer from his position as Attorney General. Don’t these coordinated attacks, coming from his own ministers, and directed against his close friend and ally, make Keir Starmer himself look weak?
You can find a link to the Gaza judgement here
And the Lady Chief Justice’s angry response to the attack on the Upper Tribunal Judge here
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Lucy Letby: The Experts Break Cover
Episode 86
mercredi 12 février 2025 • Duration 33:48
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 presented to the jury confirming the Crown’s expert testimony that these infants were deliberately harmed, and that their attacker was Lucy Letby?
Ken and Tim also consider the stance of the CCRC in the face of what will certainly be a robust prosecution response to this new material, and look at the approach likely to be taken by the Court of Appeal if the case is referred back to it by the CCRC.
Finally the discussion turns to the increasingly concerted attacks from within government on Richard Hermer, the Attorney General. What does this obviously coordinated campaign of hostile briefing tell us about the relationship between a new Labour administration led by a former human rights barrister, and the law?
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The Stolen Honour of Andrew Malkinson
Episode 85
mercredi 5 février 2025 • Duration 38:21
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 consider the danger of relying on identification evidence, and the Court of Appeal’s much overdue quashing of Malkinson’s conviction, which it delivered with no apology.
Why is there still such cultural resistance to the idea that innocent people can be convicted? And why aren’t Court of Appeal judges providing a stronger lead in uncovering injustice?
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Southport, Terrorism and Whole Life Tariffs
Episode 84
mercredi 29 janvier 2025 • Duration 30:03
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 effectiveness of the Prevent program in identifying potential threats and the difficulties of media reporting in high-profile cases.
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Listening to Criminals
Episode 83
mercredi 22 janvier 2025 • Duration 27:51
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 professional criminals”) and the many successful prosecutions that followed in the UK and across Europe, as courts listened to criminals planning their crimes in real time.
Virtually every other fair trial country relies heavily on intercept evidence to fight terrorism and organised crime. Why does the UK continue to stand against it?
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Foreign Interference in the Age of TikTok and Musk
Episode 82
mercredi 15 janvier 2025 • Duration 31:08
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 critical questions about potential security threats posed by companies like X, Meta and TikTok.
In the light of recent noises from the Trump team, they also address the thorny question of the repatriation of British Islamic State prisoners to the UK. Should Shamima Begum and others be brought home to be dealt with here, as the Americans demand?
Finally, Ken and Tim consider whether Liz Truss’s recent threat to sue Keir Starmer for defamation is the weirdest legal action of all time.
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