Double Jeopardy - UK Law and Politics
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.
Episodes
Is Our Government Any Good? Palestine Action, Shabana Mahmood, and Foreign Prisoners in UK Jails
In this week’s episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen are joined once again by an old friend of the podcast, the award-winning, former BBC, journalist and crime and justice commentator Danny Shaw. Together, they dive into the legal, political, and social repercussions faced by Palestine Action supporters following mass arrests in the wake of the decision to proscribe Palestine Action as a terrorist group under the Terrorism Act 2000. The trio also debate the claim by former Labour Lord Chancellor Charlie Falconer in the Guardian that Justice Secretary Shabana Mahmood “has been an absolutely brilliant reforming Lord Chancellor in enormously difficult circumstances” and review Labour’s law reform successes (and misses) one year into office. They also discuss the benefits and challenges of proposed policy changes that could see foreign criminals deported immediately after conviction without serving any jail time in the UK.
You can find the link to the permission judgment of Chamberlain J. on 30/7/25 in the Palestine Action judicial review case challenging the legality of the decision to proscribe PA as a terrorist group here.
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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.
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.
13/08/25•38m 47s
LIBOR, Farage’s Cure for Lawless Britain, and Palestine Action in the Dock: UK Justice Goes on Trial
What happens when the criminal justice system gets it wrong and takes years to admit it? And what does it say about the state of UK law when protestors are labelled terrorists while populists call for military-built prisons?
From the Supreme Court’s critical judgment in the high-profile legal case against the LIBOR (London Interbank Offered Rate) traders calling out systemic failure in the appeals process to the explosive policy platform launched by Reform UK, this episode of Double Jeopardy covers the legal and political stories reshaping public discourse. Ken Macdonald KC and Tim Owen KC unpack a series of developments exposing deep fault lines in British politics, freedom of expression, and the rule of law.
They also return to the government’s decision to proscribe Palestine Action under terrorism legislation raising urgent questions about human rights law, the policing of protest, and the erosion of civil liberties under the banner of national security.
You can find the Supreme Court judgment in Rex v Hayes & Palombo here.
Carlo Palombo was represented by Tim Owen KC, Jonathan Crow CVO, KC, Katherine Hardcastle, Tim James-Matthews and Elizabeth Walsh instructed by Ben Rose of Hickman & Rose. Tom Hayes was represented by Adrian Darbishire KC and Tom Doble instructed by Karen Todner.
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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.
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.
30/07/25•37m 8s
Super Injunctions, Afghanistan, and UK Law
Is it ever justified for the Government to secure a superinjunction in the face of a perceived risk to the life and limb of countless individuals caused by human error? A catastrophic data leak in February 2022 exposed over 18,000 Afghan applicants for resettlement in the UK to violent retribution by the Taliban and a superinjunction granted in August 2023 prevented Parliament and the public from knowing what had happened. Public law specialist, solicitor Daniel Carey has spent years litigating on behalf of Afghan allies left behind after the Taliban takeover in August 2021, confronting a bewildering and overwhelmed Government bureaucracy, flawed risk assessments, and a system marred by secrecy and delay. He joins Ken Macdonald KC and Tim Owen KC on Double Jeopardy to discuss how his experience reveals fundamental problems in the UK’s Afghan Relocation and Assistance Policy (ARAP) and raises urgent questions about the proper role of superinjunctions in national security matters and whether Parliament in some form had a right to know about a catastrophe involving risk to life as well as huge financial consequences.
They interrogate the government's decision to keep Parliament in the dark, the controversial court rulings on freedom of expression, and the impact of the Rimmer report which led to the lifting of the superinjunction and the closure of all the Afghan resettlement scheme despite a continuing risk to life.
This is an episode rich in expert legal commentary and essential context for anyone seeking to understand how UK politics, the rule of law, and the legal system intersect in moments of national crisis.
Link to judgments can be found here.
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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.
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.
23/07/25•46m 22s
Sir Brian Leveson and Criminal Justice: A Requiem For Jury Trials in England and Wales?
The UK criminal justice system is facing an existential threat with court backlogs surging, trial complexity increasing, and decades of chronic underfunding pushing the system to the edge of collapse. Ken Macdonald KC and Tim Owen KC are joined by Sir Brian Leveson to discuss the findings of his landmark independent review of the criminal courts.
The discussion explores proposals to overhaul the structure of criminal trials, reduce pressure on the courts, and restore public trust touching on key issues such as:
Removing the right to elect trial by jury in certain cases
Expanding out-of-court resolutions
Creating a new Crown Court bench division
Modernising and diversifying the magistracy
Introducing judge-only trials in complex or lengthy cases
These recommendations sit at the heart of a wider debate about the future of UK law, political issues in Britain, and the balance between justice, efficiency, and liberty. The episode interrogates what’s at stake for the rule of law, judicial independence, and the public’s faith in a fair, functioning system.
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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.
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.
16/07/25•49m 1s
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 manslaughter.
Focusing on one of the most high-profile legal cases in recent memory to broader political issues in Britain from the legality of Israel and US military action under international law, to the complexities of legal privilege in criminal appeals, this conversation also marks the anniversary of the 7/7 bombings, examining how crises reshape laws on prisons and sentencing, freedom of expression, and crime and punishment.
Double Jeopardy returns with Ken Macdonald KC and Tim Owen KC to unpack the deeper legal and political implications behind the headlines offering expert legal commentary that connects current events with long-term challenges in UK politics, UK law, and the ongoing criminal justice crisis.
You can find the blog post from The Jolly Contrarian titled Lucy Letby: waiver of privilege? Here.
If you'd like to listen through all our episodes about Lucy Letby, you can find them here:
Lucy Letby’s Victims Strike Back: Identification Evidence, Miscarriages of Justice and Legal System Insights into How UK Juries Reach their Verdicts
Release Date: March, 26, 2025
Lucy Letby: The Experts Break Cover
Release Date: February, 12, 2025
Lucy Letby, Fair Trials, and a Conservative Path to Justice
Release Date: November, 13, 2024
Lucy Letby Part 2: The Response
Release Date: August, 27, 2024
Lucy Letby The Shadow of a Doubt?
Release Date: August, 16, 2024
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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.
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.
09/07/25•42m 40s
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," and whether international law permits pre-emptive force in the face of existential danger.
Professor Milanovic challenges political and legal narratives from NATO, UK politicians, and beyond—exploring whether Israel and the U.S. were acting within the bounds of law, or eroding the very norms that exist to prevent war.
You can read Professor Milanovic’s recent blog post here.
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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.
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.
02/07/25•32m 50s
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 political fallout of recent reforms, including the decriminalisation of abortion and the proposed assisted dying bill, raising urgent questions about how laws evolve to reflect modern values.
They’re joined by Labour MP Tonia Antoniazzi, who sponsored the abortion amendment. She offers powerful insight into the parliamentary process, the resistance reformers face, and what it means to legislate on issues where conscience, religion, and human rights collide.
From politics and law to freedom of expression, from crime and punishment to the morality of modern warfare, this episode offers rigorous expert legal commentary on today’s most sensitive current political events. With a focus on how British politics navigates questions of life, death, and dignity - and what that reveals about the state of our legal system.
25/06/25•42m 1s
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 bulging Double Jeopardy postbag and tackle listeners’ questions and comments on the proposed reforms anticipated in the Leveson Review such as judge-only trials, as well as the implications of potential changes to abortion law in England Wales. What do these shifts mean for prosecutors, defendants, and the future of jury trials in Britain? And when are jurors entitled to follow their consciences rather than the evidence?
From prisons and sentencing to digital forensics and judicial independence, this episode offers expert legal commentary on the most pressing political issues in Britain today set against the broader backdrop of UK politics. Expect sharp, accessible legal system insights for anyone trying to make sense of current events and current political events.
You can find the link to the Judgment in the Trudy Warner case here and the Report of the Westminster Commission on Miscarriages of Justice on Forensic Science here.
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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.
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.
18/06/25•45m 3s
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 the UK’s most respected forensic science experts - Baroness Sue Black and Dr Angela Gallop CBE - to investigate the breakdown of forensic science in England and Wales and what it means for justice. The guests explain how these changes have led to miscarriages of justice, undermining trust in both science and the legal system.
As co-chairs of the Westminster Commission on Forensic Science, Sue and Angela outline urgent recommendations: create a National Forensic Science Institute, invest in independent research, and reform the funding of the defence to ensure equality of arms in the courtroom. This is a powerful and timely discussion that cuts to the heart of British politics, UK law, and the fight to uphold the rule of law.
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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.
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.
11/06/25•41m 59s
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 lays bare the dysfunction of the current UK law and criminal justice framework. From overreliance on short custodial sentences to the urgent need for investment in community penalties and a revitalised probation service, the conversation pulls no punches.
Ken Macdonald KC and Tim Owen KC explore the report’s five key recommendations with David Gauke, the media and political issues in Britain, and the public’s resistance to reform. They discuss the misuse of short prison sentences, the potential of technology like electronic tagging, and the need for coherence between the Ministry of Justice and the Home Office.
They also highlight topics including voluntary chemical suppressants for sex offenders and the disconnect between policy and public opinion. As they explain, true reform requires courage, leadership, and a commitment to the rule of law but in a febrile political climate, that’s easier said than done.
You can find the link to David Gauke’s report here.
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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.
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.
04/06/25•41m 38s
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 the brink of overreach with current political events involving Russian and Iranian interference, the proposal to "proscribe" state intelligence agencies like the IRGC, and the balance between politics and law when it comes to protecting democracy.
Jonathan makes the case for stronger laws with built-in judicial independence, while Ken Macdonald KC and Tim Owen KC raise critical questions about political accountability, freedom of expression and whether expanding surveillance risks undermining the very values the UK claims to defend.
Expect thoughtful legal system insights and bold discussion on UK law and politics in an age of growing foreign state threats, homing in on the rising tension between human rights law and national security.
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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.
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.
28/05/25•41m 20s
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 – https://www.theguardian.com/society/2025/may/13/i-hate-sitting-in-silence-now-nicola-packer-on-clearing-her-name-after-the-trauma-of-her-abortion-trial
https://doctorsforchoiceuk.com/abortionlaw#:~:text=UK%20abortion%20law%3A%20Overview&text=In%201967%2C%20Parliament%20passed%20the,if%20authorised%20by%20two%20doctors.
In this special 100th episode of Double Jeopardy, Ken Macdonald KC and
Tim Owen KC are joined by two leading voices in the campaign for reform: Rachael Clarke, Head of Advocacy at BPAS (the British Pregnancy Advisory Service) and Trustee of Compassion in Dying;
and Jonathan Lord, NHS Consultant Gynaecologist and Co-Chair of the Royal College of Obstetricians and Gynaecologists’ Abortion Taskforce.
Together, they explore the rise in criminal investigations into
pregnancy loss and self-managed abortion, the implications of recent cases like Carla Foster (https://www.judiciary.uk/wp-content/uploads/2023/10/20231018-R-v-FOSTER-final-approved-1.pdfand) and Sarah Catt, and the human cost of criminalising desperate women. They unpack new national policy guidance issued by the National Police Chiefs’
Council on investigating stillbirths and miscarriages; the troubling use of digital surveillance in reproductive cases, and the proposed cross-party amendment to the Crime and Policing Bill that would finally remove women from the scope of the criminal law, thereby eliminating the bizarre distinction between the law of Northern Ireland and the other nations of the UK.
What is the justification for threatening a woman with life imprisonment for ending a pregnancy?
And why has Parliament decriminalised abortion in Northern
Ireland, but not in the rest of the UK?
This episode offers insider legal and medical perspectives on one of the most polarising and poorly understood areas of UK law—at a moment when calls for reform are louder than ever.
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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.
21/05/25•47m 48s
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, 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.
14/05/25•45m 56s
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 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.
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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.
07/05/25•45m 40s
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 democratic societies. Amsterdam reflects on his own extraordinary journey through high-profile legal cases, from political prosecutions to international corporate disputes.
This episode focuses on current events in Ukraine, where a controversial draft law is raising alarms about human rights, religious freedom, client confidentiality, and the erosion of the rule of law. Together, they unpack the legal, political, and historical forces at play, while also connecting the dots to UK law, UK politics, prisons and sentencing, crime and punishment, and the broader criminal justice crisis.
From British politics explained to global struggles over human rights law, current political events, and the collision between politics and law, this episode reveals the hidden battles shaping justice today - and why they matter to us all.
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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.
30/04/25•39m 3s
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 tensions at the heart of UK politics, human rights and equality law.
Alongside hosts Ken Macdonald KC and Tim Owen KC, Karon explores the wider political issues in Britain, including the role of the EHRC and Stonewall in misrepresenting the law, the responsibilities of public institutions, and the rule of law in a polarised landscape. They also examine recent CPS guidance on consent and deception in sexual offences, raising crucial questions about the legal boundaries of sex, identity, and freedom of expression.
With sharp analysis and expert legal commentary, this episode offers key legal system insights into the definitions of sex and gender in UK equality law, the balance of rights between different protected groups, and the future of politics and law in Britain.
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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.
23/04/25•38m 47s
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 immigration rulings that bear little resemblance to actual judicial decisions. Their discussion highlights the consequences of misinformation and the critical need for accurate, responsible journalism when reporting on UK law.
They also discuss the legitimacy of political interference in a live criminal investigation, questioning the Justice Secretary’s tweet calling for “the strongest possible punishment” in the aftermath of the HMP Frankland prison attack. Is it another example of the Lord Chancellor’s lack of understanding of the separation of powers, or just the new norm in UK politics?
Ken and Tim examine the evolving debate about “thin” and “thick” theories of the rule of law, including a discussion of international legal obligations, parliamentary sovereignty, and the ideological battle playing out in the corridors of Westminster. With references to Lord Bingham, Lord Wolfson KC, Professor Richard Ekins and Attorney General Lord Hermer KC, they consider what these distinctions mean for the future of UK politics and the ongoing crisis of both criminal and civil justice.
Finally, the episode turns to Labour’s shifting identity under Keir Starmer, dissecting the emergence of “Hard Labour” and what a security-first political agenda means for freedom of expression, human rights law, and the broader relationship between politics and law. From prisons and sentencing to the principles that govern crime and punishment, Double Jeopardy offers expert legal commentary that helps listeners understand how current events and current political events intersect with the UK’s evolving legal framework.
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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.
16/04/25•36m 49s
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 miscarriages of justice should force reform of the UK Justice System, with particular focus on the challenges faced by both prosecution and defence in the UK legal system. The discussion highlights how outdated practices in prosecution disclosure contribute to delays and injustices, and how the recommendations made by Jonathan Fisher KC aim to address these issues.
They also discuss the role of AI in law in improving the disclosure process, a potential game-changer for the legal system. This exploration of AI in law speaks to broader issues of technology’s role in the criminal justice system and its intersection with human rights law, judicial independence, and the rule of law. This episode emphasises the need for better training and a cultural shift within the legal system to meet modern expectations of justice, fairness, and transparency.
From the importance of proportionality in disclosure to the challenges around redaction, this conversation highlights critical legal issues in Britain and how they relate to the evolving dynamics of politics and law. Double Jeopardy offers expert legal commentary on a high-profile legal case that could transform UK law and impact the way future criminal trials are handled.
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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.
09/04/25•38m 24s
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 commentators, Ken Macdonald KC and Tim Owen KC explore the mounting tension at the heart of UK law and politics - where legal principles collide with political pressure.
Ken and Tim also explore growing political pressures in the UK as they relate to pre-sentence reports, criticisms of the Sentencing Council, and the broader debate over a so-called two-tier justice system. They focus on the UK criminal justice crisis, rising prison populations, and the shifting line between the executive and the judiciary - highlighting real risks to judicial independence, the rule of law, and freedom of expression.
This is UK politics explained at its most urgent - where current events, high-profile legal cases, and ideological clashes converge. Whether you’re a lawyer, policymaker, or politically curious listener, Double Jeopardy delivers unmatched legal system insights and expert legal commentary from two of the UK’s most experienced legal voices.
First the letter from Lord Justice Davis to the Lord Chancellor dated 20th March 2025 can be found here.
Just Stop Oil protesters appeal against sentence can be found here.
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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.
02/04/25•40m 28s
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 prisons. They also consider how public scrutiny and media pressure impact legal representation in high-stakes cases.
Through sharp insights into UK law and politics, the hosts focus on broader themes like the Rule of Law, judicial independence, and freedom of expression. This episode offers a timely and thought-provoking exploration of the intersection between crime and punishment, human rights law, and the UK’s adversarial legal system.
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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.
26/03/25•32m 44s
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 a scathing six-page rebuke from Lord Justice William Davis, the Chair of the Sentencing Council. You can find his letter here.
Ken Macdonald KC and Tim Owen KC break down the implications of this controversy, before turning their attention to reports that No. 10 may introduce legislation to limit the influence of the European Convention on Human Rights (ECHR) in immigration cases.
Does the threat of Europe-wide populism mean that we now have to view mass migration in a different way, and as a serious threat to the prevailing European culture of liberal democracy?
19/03/25•27m 56s
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 is the Labour MP for Rother Valley and a co-sponsor of the legislation, shares his personal motivations for championing this change in the law, emphasising the fundamental question at its core: should individuals be granted the autonomy to make their own end-of-life decisions?
Next, Ken and Tim turn to the extraordinary row caused by the recent Sentencing Council paper on pre-sentence reports for black and minority ethnic defendants.
Why did Justice Secretary Shabana Mahmood join the Conservative attack that these proposals are an example of so-called two-tier justice? And will she really move to undermine the independence of the Council?
Finally, does the evidence that black defendants are treated more harshly by the criminal justice system really stack up?
12/03/25•50m 39s
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 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.
05/03/25•31m 57s
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 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?
26/02/25•32m 9s
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 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
19/02/25•27m 19s
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 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?
12/02/25•33m 48s
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 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?
05/02/25•38m 21s
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 effectiveness of the Prevent program in identifying potential threats and the difficulties of media reporting in high-profile cases.
29/01/25•30m 3s
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 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?
22/01/25•27m 51s
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 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.
15/01/25•31m 8s
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 GCHQ analyst Katherine Gun, who was accused of leaking a classified document to the press. Ken explains what led him to drop the case against her, and the role of the security services in that decision.
Finally, they look at Elon Musk's increasingly bizarre interventions into UK domestic politics, and consider Keir Starmer's response.
08/01/25•37m 37s
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 analysis wherever law and politics collide.
In this final episode of the year, Ken Macdonald and Tim Owen are joined by renowned legal commentator Joshua Rozenberg to look back on 2024. What were its defining legal and political moments ? Where is police accountability after the Chris Kaba shooting? Have we heard the last of Lucy Letby, and why is the government not doing more to rescue a crumbling justice system? Together, they examine the structural and cultural challenges facing the courts and legal institutions, exploring how these events are shaping public trust- and perhaps damaging it to the point of no repair.
This is not just a retrospective; it’s a critical interrogation of justice today. With sharp insights and deep analysis, this episode unpacks the interplay of law, politics, and public sentiment in shaping the UK's legal landscape.
18/12/24•39m 47s
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 past twenty years which is the principal cause of the current prisons crisis?
And with the wealth of existing data, including a magisterial 2006 Report by the Law Commission into homicide law, why does the Government need more reports other than to buy time? Beyond attacking Conservative governments for not building more prisons to accommodate yet more prisoners, what original ideas does the Justice Secretary actually have about how to reform the crumbling justice system?
In the latest episode of Double Jeopardy, Ken and Tim take us into the history and evolution of homicide sentencing, from the disastrous 2003 Criminal Justice Act conceived by New Labour to the present calls for change, exploring how these reforms intersect with broader legal principles and questioning whether the current system strikes the right balance between deterrence, punishment, and fairness.
Ken and Tim also examine the judiciary’s delicate role in managing sentence inflation and resisting political interference, all while advocating for a more logical and cohesive approach to homicide law.
11/12/24•27m 25s
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 balance judges must maintain when dealing with life-and-death decisions.
The discussion then widens to include the resignation of Louise Haigh over a very old offence, a development that raises real questions about whether her treatment is consistent with the government’s stated policies on rehabilitation, or whether her sacking was purely political. Against this backdrop, Ken and Tim reflect on the wider challenges facing the judicial system, including the persistent backlog of cases that threatens the integrity of justice in the UK.
04/12/24•33m 37s
Politics, Religion and Assisted Dying
Why is the Terminally Ill Adults (End of Life) Bill being introduced as a Private Member’s Bill, and how does this approach compare to historical conscience-driven legislation like the Abortion Act or the abolition of capital punishment?
In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen delve into the complex issues surrounding assisted dying, with a focus on the Terminally Ill Adults (End of Life) Bill due for Second Reading in Parliament on 29th November. They examine its historical context, the state of public opinion and question the legitimacy of Cabinet Ministers such as Wes Streeting and Shabana Mahmood deploying resource based arguments against the Bill and consider the role of religious belief in the public debate.
The discussion also examines the parliamentary scrutiny process and the judiciary's role in safeguarding against coercion.
The episode further explores the controversial subject of non-crime hate incidents, critiquing current police practices and addressing the challenge of balancing the monitoring of hate speech with the protection of civil liberties.
This thought-provoking episode offers an in-depth analysis of two critical intersections of law and politics.
27/11/24•33m 11s
The Daily Mail Goes to Strasbourg
Is the cost of litigating free speech issues in the UK disproportionately high and what reforms might address the problem?
In this episode of Double Jeopardy, Ken Macdonald and Tim Owen, together with leading media lawyer Gavin Millar KC, debate the irony of the Daily Mail’s recent victory before the the European Court of Human Rights over the issue of the costs incurred in unsuccessfully defending the paper in high profile defamation and privacy claims. They explore the chilling effect of the eye-wateringly high legal costs involved in High Court litigation and Gavin suggests some radical reforms of the current system in order effectively to maintain the right balance between the right to freedom of expression and the right to defend privacy and reputational rights.
The trio also discuss Carole Cadwalladr’s pending case before the Strasbourg Court, the prospect of Labour enacting anti-SLAPP laws and the likelihood of bringing the Online Safety Act 2023 into full force given its potential to generate conflict with the Silicon Valley Broligarchy.
Tune in for an engaging conversation on media law, free speech, and the political dilemmas facing a new Labour government.
20/11/24•33m 40s
Lucy Letby, Fair Trials, and a Conservative Path to Justice
Join Ken Macdonald and Tim Owen in this episode of Double Jeopardy as they discuss significant legal developments, including the recent Court of Appeal judgment roundly rejecting Lucy Letby’s argument that pre-trial publicity made her retrial unfair. Are jurors really unaffected by prejudicial media reports?
They also look at the fascinating political journey of the new Shadow Secretary of State for Justice, Robert Jenrick. Is his hard-right act real, or a pose? And why has Kemi Badenoch appointed someone whose trademark policy is withdrawal from the ECHR?
Finally, they check out new guidance issued by Attorney General Richard Hermer about the approach he wants government lawyers to take when they’re weighing legal arguments. Is this real change or just window dressing?
13/11/24•30m 40s
Defending Diversity and Defining a Woman
Barristers’ Core Duty Eight currently requires members of the Bar not to discriminate unlawfully against any person. However, the Bar Standards Board now wishes to go further and create a new duty requiring barristers positively to advance equality, diversity and inclusion in their professional lives.
In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen look at the row this proposal has sparked. Joining them is Karon Monaghan KC, a barrister specialising in equality and human rights law from Matrix Chambers, who provides insight into the implications of the proposed change, arguing that it does not represent the unwelcome imposition of a contested (American) ideology originating in the frenetic racial politics of that country, but is simply a necessary evolution in the duty to promote a diverse and inclusive bar. She suggests that reasonable steps towards progress, rather than quotas in all but name, are the goal.
The episode also covers recent legal developments impacting women’s sex-based rights. And as she prepares, along with Beth Grossman, to argue a landmark case in the Supreme Court, which will determine once and for all the legal definition of a woman, Karon provides insight into a pivotal question: Should a trans woman with a Gender Recognition Certificate be legally recognised as a woman under the Equality Act? The answer will have major ramifications for all sex-based rights in the UK.
Tune in to hear Ken, Tim, and Karon navigate the legal complexities surrounding EDI and Core Duty Eight and explore what these shifts might mean for the future of barristers’ professional obligations.
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06/11/24•34m 0s
No Money for Justice and Chris Kaba: Part 2
With every aspect of our criminal justice system – the police, courts, prison system and probation service – in a state of apparently permanent crisis thanks to 15 years of systemic underfunding, there seems little hope of fundamental change any time soon.
Amidst the turmoil, Danny Shaw - a prominent voice in reporting and analysing criminal justice issues for 31 years at the BBC and, more recently, as an advisor to Home Secretary Yvette Cooper - now finds himself shaping the very policies he once analysed. His unique experience, from the newsroom to influencing Labour’s criminal justice agenda, sets the stage for a profound exploration of the reality of reforming our crippled justice system.
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen sit down with Danny to dissect the formulation of Labour's crime policies and the continuing controversy arising from the shooting of Chris Kaba.
Together, they navigate the delicate balance between political rhetoric and the practical realities of implementation without any promise of increased spending on justice.
As they unravel these intricate dynamics, the discussion shifts to the broader debate on policing, highlighting the legal and moral dilemmas that arise in high-stakes, high-pressure situations. Against the background of the acquittal of Met Police Firearms officer Martyn Blake for the shooting of South London gangster Chris Kaba, the trio discuss the law of self-defence, prosecutorial discretion and police accountability, critically assessing whether current legislation adequately protects the police and whether proposed reforms go far enough to address the root issues of trust and transparency within the justice system.
In a lively debate, Danny explains why he agrees with Met Commissioner Sir Mark Rowley’s strong attack on the CPS for charging Martyn Blake and why he thinks Ken and Tim are wrong to believe that the DPP does not require fresh guidance to ensure that the police officers only face criminal charges when the law and the evidence supports a charging decision.
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30/10/24•43m 53s
The Shooting of Chris Kaba and Failing the Victims of Mohamed Al-Fayed
Metropolitan Police firearms officer Martyn Blake has been acquitted of the murder of gangster Chris Kaba. He may still face the sack because the Independent Office for Police Conduct can pursue disciplinary actions even after a criminal acquittal. How does this process work? And what are the complexities in cases like this? Were the CPS right to prosecute and how does the law of self-defence impact the actions of armed officers?
Ken Macdonald and Tim Owen are back to discuss these and other questions arising from police shootings. They look at the role of the CPS in deciding to prosecute police officers, and historical cases like that of Jean Charles Menezes. Do the rules around the prosecution of police officers need to change? Would the public really have confidence in a system that offered special protection from prosecution for police officers?
In this episode they also consider the growing scandal of Mohamed Al-Fayed’s apparent serial sex offending, and the atrocious police response to the complaints of scores of women.
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24/10/24•31m 35s
Law, Psychiatry and Murder
In recent episodes of Double Jeopardy, Ken Macdonald and Tim Owen have focused on the massive publicity surrounding the trial of Lucy Letby, and on the barrage of criticism of the expert medical evidence used by the prosecution to prove that babies were deliberately harmed by Lucy Letby, rather than dying of natural causes in circumstances where premature babies are uniquely vulnerable to medical crisis.
In this episode Ken and Tim are joined by Dr Richard Latham, an NHS consultant forensic psychiatrist and expert witness who has huge experience of complex psycho-legal issues in criminal trials. In their discussion, they look at the duties and responsibilities of medics and scientists giving evidence in criminal proceedings.
How is a diagnosis of mental disorder or mental illness made where intent is a key issue? What is required for establishing the partial defence to murder of diminished responsibility, and how does it differ from insanity? What are the professional and ethical duties that apply to experts instructed by the defence or the prosecution? And can it ever be appropriate for experts to speak out about a case they weren’t involved in, when they haven’t seen all the case materials?
16/10/24•48m 4s
Naomi Campbell’s Philanthropy and Robert Jenrick’s Stupidity
As political rhetoric in the UK takes an alarming turn, Robert Jenrick’s recent statements link the European Convention on Human Rights (ECHR) to British soldiers committing unlawful killings abroad. These claims have drawn fierce criticism, with experts warning that such accusations not only distort reality but also endanger military personnel in the field.
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen take a deeper look into the risks Jenrick’s assertions pose, not just for the reputation of the UK's armed forces, but for international law and military operations. The conversation also touches on the broader debate about the role of the ECHR and whether Britain should distance itself from the convention altogether.
The pair then shift focus to Naomi Campbell’s charity, Fashion for Relief, which recently has come under intense scrutiny. The Charity Commission’s report has revealed a startling financial mismanagement, where only a small fraction of donations reached the intended causes. With millions raised but minimal impact, Ken and Tim unravel the findings, raising important questions about accountability and transparency in the world of celebrity philanthropy.
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09/10/24•28m 10s
Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed
In the latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Lord Burnett of Maldon, the former Lord Chief Justice of England and Wales, to talk about punishment and the British addiction to prison.
As one of five co-authors of a significant report on the subject (published by the Howard League in September) Lord Burnett shares his insights on the need for change in our approach to sentencing, the challenges within our overcrowded prisons, and the societal implications of the current punitive system. Together, the trio explore key questions such as why prison sentences have doubled in length over the past 50 years, whether longer sentences truly reduce crime, and the impact of political decision-making on our justice system.
Ken and Tim also turn their attention to the damning allegations surrounding the late Mohamed Al-Fayed and the wider implications this case holds for the criminal justice system. This major scandal is just beginning.
02/10/24•55m 24s
Diversity, Orwell and the Death of Satire
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Akua Reindorf KC, a discrimination law expert at Cloisters Chambers, to discuss the Bar Standards Board's proposal to change a core duty of barristers from the requirement that they ‘should not unlawfully discriminate’ (which would be illegal), to a positive duty that they must ‘advance equality, diversity and inclusion in their practices’ (which is not a legal requirement).
The trio explore the implications of this change, and of the challenges it presents, not least because of the contested nature of EDI ideologies. They ask: Is this new duty just the latest manifestation of US racial politics gaslighting a Europe less tuned to its puritanical and divisive world view? And has the Bar Standards Board foolishly fallen victim to transatlantic ideological fashion, in a landgrab that will cause anger, confusion and dissent?
They also look at Labour Party politician David Blunkett’s potential role in leading a government review of sentencing policies, reflecting on his draconian contributions to increased sentencing over decades. Is the news of his potential appointment another nail in the coffin of satire?
24/09/24•32m 1s
Rape Trials in Peril and the Sentencing of Huw Edwards
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Vine, a KC at Doughty Street Chambers, to discuss the sensitive and difficult issue of the way in which trials of rape and other serious sexual offences are conducted.
The trio discuss the complexities surrounding trials of sexual offences, particularly focusing on the special measures introduced to support vulnerable witnesses. They explore the implications of these measures, including Section 28 evidence, and the unintended consequences that have arisen, such as lower conviction rates.
The conversation closes with a discussion on the recent sentencing of Huw Edwards, examining the principles applied by the judge, and the public response. Was it right not to send him straight to prison?
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18/09/24•39m 10s
Tommy Robinson's Tax Returns & Grenfell Delays
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Dan Neidle, Founder of Tax Policy Associates, to explore the finances of Stephen Yaxley-Lennon, the far-right street agitator and self-styled journalist who calls himself Tommy Robinson. The trio explore how Yaxley-Lennon has monetised his presence on the internet through ‘donations’ and ‘gifts’ from his followers, which are then passed through multiple off-the-shelf companies. Ken, Tim and Dan investigate the tax implications of these ‘donations’, and the potential tax liabilities that Yaxley-Lennon may face now that HMRC has reportedly opened an investigation into him. To close the episode, Ken & Tim also touch on the Grenfell Inquiry Report and the glacial pace of criminal investigations in the UK justice system, highlighting the inefficiencies in the UK's investigative and legal processes as well as the need for major investment in the system. Be sure to follow us on X / Twitter: https://x.com/doubjeopardypodFollow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
11/09/24•32m 53s
Hate, Bigotry and Bleaching the Internet
Hidden under the cloak of online anonymity, individuals in the UK have been charged and convicted of inciting and encouraging criminal behaviour without actively getting involved themselves.
Ken Macdonald and Tim Owen analyse the debate triggered in the wake of the August 2024 riots across the UK; should we and how do we regulate the internet more closely without infringing the fundamental right to freedom of expression?
Ken and Tim debate the differences between the US and European approaches to regulating the internet, with a focus on Section 230 of the US Federal Communications Act, recent decisions of the US Supreme Court and the EU Digital Services Act which is designed to prevent illegal and harmful activities online and the spread of disinformation. They also discuss the Online Safety Act 2023 and the challenge of balancing freedom of speech with the need to combat harmful content online.
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03/09/24•36m 36s
Lucy Letby Part 2: The Response
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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27/08/24•30m 26s
Lucy Letby: The Shadow of a Doubt?
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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16/08/24•45m 30s
Riots: The Full Force of the Law?
“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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08/08/24•26m 21s
Sarah Lunnon: Just Stop Protesting?
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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01/08/24•30m 1s
Fiona Rutherford: Justice into the Future
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.
24/07/24•37m 22s
Starmer’s First Move - Ending Our Addiction to Prison?
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.
15/07/24•30m 25s
David Gauke: Conservative Reckoning, Labour Change?
Ken Macdonald and Tim Owen are joined by David Gauke, Former Lord Chancellor and Secretary of State for Justice. In 2019 he resigned, saying he could no longer serve under Boris Johnson and risk a no-deal Brexit. After expulsion from the Conservative party, he said ‘at last I have something in common with Domonic Cummings.’ It was a poignant remark. There are plenty more of these in this episode as Ken and Tim look back on the role of the ‘Gaukeward Squad’, the group of Tory rebels who voted against the government on the issue of Brexit, in shaping British politics today.
Ken and Tim discuss David’s experiences as a Conservative MP during truly turbulent times. The explusion of Gauke and rebel Tories had wide-reaching implications, the effects of which we are still experiencing. How does he view the current state of British politics now? What reform is needed in the prison system, and is Labour’s manifesto in this area enough to separate them from the Conservatives?
26/06/24•53m 54s
Justice Under Labour?
In this episode, of Double Jeopardy hosts Ken Macdonald and Tim Owen discuss the various aspects of Labour Party's manifesto which was launched on the 13th June 2024 ahead of the Election which is taking place on the 4th July 2024.
This episode looks at the intricacies and implications of the proposed law and order policies. The manifesto, which is turning heads and sparking discussions nationwide, shows an ambitious plan to “take back our streets”, with substantial pledges for enhancing neighbourhood policing and clamping down hard on crime and antisocial behaviour as well as the promise to “tackle violence against women and girls”.
Tune in for Tim & Ken’s views on this manifesto and the potential challenges of these plans.
14/06/24•29m 52s
Mark Fairhurst: Britain’s Prison Shame
In this episode of Double Jeopardy Ken Macdonald and Tim Owen talk to Mark Fairhurst, National Chairman of the Prison Officers Association, about the long standing and apparently never ending crisis afflicting the UK prison system.
This episode presents an in-depth discussion on the overcrowding epidemic and its root causes including the tabloid driven addiction to ever longer sentences and the failure of all Governments to develop and promote community based alternatives to custody. The result is that the UK has the highest per capita rate of imprisonment in Western Europe and a disastrous record of re-offending.
From overcrowding to under-resourced prisons, private versus public prisons, the genuine threat of violent riots over the summer, the role of the Chief Inspectorate of Prisons, restoring the right to strike to prison officers and sentencing policy, the trio discuss them all with a central theme being the need to reimagine the prison service to prioritise rehabilitation and the reintegration of offenders into society.
They also cover issues related to funding and resource allocation within the UK's criminal justice system and the constant struggle for resources which has led to staff shortages, reduced training opportunities, and minimal investment in infrastructure.
Finally Ken, Tim & Mark look at the potential path to reform, and strategies that can be vital to the much-needed change such as reshaping sentencing policies, enhancing rehabilitation programs, and investing in community-based alternatives to imprisonment.
05/06/24•49m 56s
Angus McCullough KC: The Undermining of Secret Justice
Ken Macdonald and Tim Owen welcome back Angus McCullough KC, who has extensive experience in public and private law and who was the most experienced Special Advocate until his decision to step down in October 2023 in protest at the Government's failure to implement urgent changes to the system of secret justice (as recommended in December 2022 by the former High Court Judge Sir Duncan Ouseley).
This episode is dedicated to discussing the controversy surrounding the Closed Material Procedure (CMP) introduced by the Justice and Security Act 2013. The debate this law sparked around the management of sensitive information during civil proceedings and the balance between national security and fairness/openness is once again highly topical. Angus's decision to refuse to take on any new closed material cases has now been followed 8 months later by some 25 other Special Advocates (including 16 KCs), a decision which leaves the entire system for litigating national security cases in crisis. Unless and until this specialist cohort of barristers are willing to accept new cases, the system will grind to a halt.
Ken, Tim and Angus discuss the future of CMP’s, Sir Duncan Ouseley’s independent review, the underfunded justice system, and Labour's depressing response to the prisons crisis as reflected in Keir Starmer's stance in PMQs and Shabana Mahmood's public commitment to building more prisons rather than ending the UK's addiction to imprisonment.
22/05/24•36m 14s
Jessica Simor KC: Judicial Activism in the Age of Global Warming
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.
14/05/24•42m 39s
Jonathan Jones KC: Will the Rwanda Bill Work?
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.
30/04/24•32m 43s
Nick Ephgrave - Meet the New Director
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.
23/04/24•53m 48s
John Bowers KC - The Power of Corruption
Ken Macdonald and Tim Owen discuss Boris Johnson and the degradation of the British State with author of ‘Downward Spiral’, John Bowers KC.
10/04/24•45m 18s
Hannah Quirk - The Problem with Criminal Justice
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
27/03/24•46m 3s
Jo Phoenix - Gender and the Ducking Stool
Ken Macdonald and Tim Owen discuss cancellation and the politics of gender with criminologist Professor Jo Phoenix.
07/03/24•46m 6s
Secrecy in the Family Courts
Ken and Tim discuss growing calls for more openness in the family court system with Chair of the Transparency Project, Lucy Reed KC.
16/02/24•40m 4s
Patrick Green KC - Mr Bates Beats the Post Office
Ken Macdonald and Tim Owen talk to victorious leading counsel for the post masters and mistresses, Patrick Green KC
19/01/24•41m 52s
Jonathan Jones - Stopping the Boats?
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.
12/01/24•40m 3s
I. Stephanie Boyce - Leading the Law Society
Ken Macdonald and Tim Owen discuss access to law and legal aid deserts with past President of the Law Society, I. Stephanie Boyce
19/12/23•37m 6s
Jonathan Hall KC - Gaza and the Right to Protest
Ken Macdonald and Tim Owen discuss demonstrations, terror and the spectre of hate with Independent Reviewer of Terrorism Legislation, Jonathan Hall KC.
04/12/23•39m 17s
Frances Crook - Political Power and Penal Failure
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
29/11/23•39m 37s
Adam Wagner - Rwanda and the Rule of Law
In a special episode, we discuss the Supreme Court’s Rwanda ruling and the government’s response with legal commentator, Adam Wagner.
19/11/23•23m 55s
Alex Chalk KC - Speaking for the Government
Ken Macdonald and Tim Owen discuss sentencing, prisons and lefty lawyers with Secretary of State for Justice and Lord Chancellor, Alex Chalk KC
13/11/23•37m 3s
Angus McCullough KC - When Justice is Secret
In a special edition, Ken Macdonald and Tim Owen discuss secret trials and promises to Parliament with leading Special Advocate, Angus McCullough KC
03/11/23•35m 15s
Ian Winter KC - Can the SFO Work?
Ken Macdonald and Tim Owen discuss the Independent Review of Disclosure and Fraud Offences with leading fraud Barrister, Ian Winter KC.
27/10/23•54m 22s
Stuart Russell - AI in a World of Risk
Ken Macdonald and Tim Owen discuss the threat and promise of Artificial Intelligence with world-leading Computer Scientist, Professor Stuart Russell
12/10/23•51m 54s
Edward Garnier KC - When Justice Fails
Ken Macdonald and Tim Owen discuss Andrew Malkinson and miscarriages of justice with former Solicitor General Lord Edward Garnier KC
28/09/23•44m 46s
Robert Spano - The United Kingdom v Human Rights
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
14/09/23•50m 25s
Melanie Phillips - Israel and the Politics of Law
Ken Macdonald and Tim Owen discuss the constitutional crisis in Israel with Times columnist and public commentator Melanie Phillips
01/08/23•47m 40s
Gavin Millar KC - Huw Edwards and the Limits of Privacy
Ken Macdonald and Tim Owen discuss newspaper ethics, private lives and the outing of Huw Edwards with leading media barrister Gavin Millar KC
20/07/23•54m 39s
Richard Moorhead - Lawyers Behaving Badly?
Ken Macdonald and Tim Owen debate ethics, the cab rank rule and regulating ex-Judges with Professor of Law and Professional Ethics Richard Moorhead
11/07/23•52m 4s
Dan Neidle - I’m the Taxman
Ken Macdonald and Tim Owen discuss lawyers undermining the rule of law, the fall of Nadhim Zahawi, and the morality of paying tax with founder of Tax Policy Associates, Dan Neidle.
27/06/23•49m 29s
Andy Verity- Telling the Truth about LIBOR
Ken Macdonald and Tim Owen discuss bankers, cover ups and a quest for justice with BBC Economics Correspondent, Andy Verity.
16/06/23•45m 36s
Akua Reindorf KC - Twisting the Law
Ken and Tim discuss intolerance, Stonewall and free speech in universities with employment lawyer and author of the Reindorf Report, Akua Reindorf KC
30/05/23•50m 50s
Sarah Wootton - Dying for the Law
Ken and Tim discuss free will, assisted dying and parliamentary paralysis with Chief Executive of Dignity in Dying, Sarah Wootton
15/05/23•48m 24s
Richard Ekins - Judges and Political Power
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)
02/05/23•1h 6m
Maya Foa - The Death Penalty, National Security and Terror
Ken Macdonald and Tim Owen discuss spies committing crimes and how to get rid of the death penalty with Director of Reprieve, Maya Foa
21/04/23•58m 49s
Dr Bryn Harris - Free Speech, Harm and the Internet
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
07/04/23•53m 51s
Harvey Redgrave - The Met in Meltdown
Ken Macdonald and Tim Owen discuss Louise Casey’s incendiary report on the Metropolitan Police with crime and policing expert Harvey Redgrave
24/03/23•49m 58s
Joshua Rozenberg - Reporting the Law
Ken Macdonald and Tim Owen discuss the decline of legal reporting, populism and small boats with leading legal commentator Joshua Rozenberg
13/03/23•49m 44s
Karon Monaghan KC - Sex, Lies and Women’s Rights
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
02/03/23•47m 46s
Sir Nicholas Blake - Small Boats, Dog Whistles and the Law
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.
17/02/23•49m 29s
Nick Vineall KC - Leading the Bar
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
02/02/23•46m 25s
David Pannick KC - Defending The Law in Parliament
Ken Macdonald and Tim Owen discuss lawmaking, Myra Hindley, Arsenal FC and the weakening of parliamentary scrutiny with celebrated barrister Lord David Pannick KC
26/01/23•47m 29s
Sir Robert Buckland KC - Making Better Law
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
16/01/23•53m 16s
Bad Law for the New Year, with Sir Jonathan Jones KC
Ken Macdonald and Tim Owen discuss Rishi Sunak’s post-festive legal headaches with Sir Jonathan Jones KC, former head of the Government Legal Department
05/01/23•32m 51s
Helena Kennedy KC - Fifty Years Fighting
Ken Macdonald and Tim Owen discuss injustice, progress and the days of police impunity with legal legend Helena Kennedy KC
28/12/22•51m 33s
Clare Montgomery KC - Getting Away With Fraud
Ken Macdonald and Tim Owen discuss fraud, corruption and a failure of justice with leading barrister Clare Montgomery KC
12/12/22•50m 36s
Andrea Coomber KC - The Prison Addiction
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.
24/11/22•54m 11s
Brenda Hale - Judicial Independence and its Enemies
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.
17/11/22•51m 42s
Hugh Tomlinson KC - What’s in a SLAPP?
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.
08/11/22•52m 55s
Hakeem Belo-Osagie - Africa Rising: Politics, Law and Sympathy For Russia
Ken Macdonald and Tim Owen discuss Africa’s rise, and why many Africans sympathise with Russia, with Harvard academic Hakeem Belo-Osagie.
27/10/22•49m 26s
Chaos
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.
20/10/22•20m 7s
Dominic Grieve KC - When Governments Trash the Law
Ken Macdonald and Tim Owen discuss the dangerous erosion of the rule of law under post Brexit Conservative governments with former Attorney General Dominic Grieve.
13/10/22•50m 43s
The US Supreme Court - Going Rogue?
Ken Macdonald and Tim Owen discuss the rightward lunge of the US Supreme Court with Lissa Muscatine, former Director of Speechwriting at the White House, Special Assistant to President Clinton and Senior Advisor to Secretary of State, Hillary Clinton.
06/10/22•48m 57s
Truss on Rights and Johnson on Trial
Ken Macdonald and Tim Owen discuss the collapse of the Bill of Rights legislation and the inquiry into Boris Johnson’s contempt of Parliament with Murray Hunt, Director of the Bingham Centre for the Rule of Law.
26/09/22•48m 24s
Dinah Rose KC - Appointing Supreme Court Justices. Is the System Working?
Ken Macdonald and Tim Owen discuss the mysterious way Supreme Court Justices are appointed with Dinah Rose KC
15/09/22•33m 46s
Pia Sarma, Chief Lawyer at the Times - Privacy, Press Freedom and the Rights of Oligarchs
Ken Macdonald and Tim Owen discuss press freedom and the right to privacy with Pia Sarma, the Editorial Legal Director, Times newspapers.
05/09/22•50m 57s
Enemies of the People, Cameras in Court, and Allison Bailey
Ken Macdonald and Tim Owen discuss Liz Truss, filming criminal trials, and the Allison Bailey judgment affirming legal protection for gender-critical views.
29/07/22•22m 11s
Edward Fitzgerald QC - Defending Very Bad People
Ken Macdonald and Tim Owen talk to Edward Fitzgerald QC about crime, punishment, God, redemption and the ethics of defending bad people.
22/07/22•40m 38s
Kathleen Stock - The Importance of Being Rational
Ken Macdonald and Tim Owen talk to philosopher Professor Kathleen Stock about science, gender and the importance of free speech.
14/07/22•58m 46s
A special edition on the Conservative leadership election and what it could mean for rights
Ken Macdonald and Tim Owen discuss what the Conservative leadership election may mean for rights and the rule of law.
10/07/22•16m 57s
Jonathan Jones: Lies, Lawbreaking, the Attorney General and her Government
We speak to Sir Jonathan Jones, former Head of the Government Legal Department, who resigned because he thought ministers shouldn’t break the law.
07/07/22•56m 29s