Double Jeopardy - The Law and Politics Podcast

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?

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. Follow us on X/Twitter: https://x.com/doubjeopardypodFollow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/

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.

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?

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? Be sure to follow us on X: https://x.com/doubjeopardypod Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/

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/doubjeopardypod Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/

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.    Follow us on X/Twitter: https://x.com/doubjeopardypod  Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/

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.    Follow us on X/Twitter: ⁠https://x.com/doubjeopardypod⁠ Follow us on LinkedIn ⁠https://www.linkedin.com/company/double-jeopardy-podcast/

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.   Follow us on X/Twitter: https://x.com/doubjeopardypod Follow us on LinkedIn https://www.linkedin.com/company/double-jeopardy-podcast/

“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. Follow us on X: https://x.com/doubjeopardypod Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/

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. Follow us on X: https://x.com/doubjeopardypod Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/

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.

Mark Fairhurst, the National Chairman of the Prison Officers Association, returns to Double Jeopardy to further discuss the prison crisis, now a focal point in the first week of the new Labour government. Guided by hosts Ken Macdonald and Tim Owen, the conversation addresses the emergency measures announced by the new Lord Chancellor, Shabana Mahmood, aimed at addressing critical prison overcrowding.   Amongst discussing historical context and years of inaction, the podcast also talks about the broader systemic changes needed, including probation service, mental health support and the role of the judiciary in sentencing reform.    Ken and Tim also highlight the appointment of James Timpson as the new Prisons Minister and discuss his views on prison reform as well as the potential changes for the future of penal policy.

Ken Macdonald and Tim Owen 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?

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.

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.

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.

Ken Macdonald and Tim Owen speak to Jessica Simor KC, an acclaimed specialist in public and regulatory law, EU law, competition law and human rights law.    The episode discusses the issue of whether litigation, whether before the European Court of Human Rights or domestic courts can be effective in addressing the challenge presented by climate change. They highlight two landmark cases in which Jessica Simor acted - one against the Swiss government and one against the UK government. The Swiss case saw a group of elderly Swiss women, bringing the case that they suffered personal health issues caused by heatwaves, and used litigation to hold their government accountable for climate change.    Tim and Ken further explore the UK case in the High Court in London recently which was brought by Friends of the Earth, Client Earth and the Good Law Project. Mr Justice Sheldon found the government was found to be falling short in meeting its obligations under the Climate Change Act 2008. The judicial review judgement held that the government had breached its duty under the Climate Change Act 2008 to adopt policies and proposals to enable legally binding carbon reduction targets to be met. Both cases marked a significant victory for climate activists.   A great episode around the urgency of combating climate change, the pressure on national governments for climate action and the influence of the Paris agreement on court decisions.

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

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

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

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

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

Ken and Tim discuss growing calls for more openness in the family court system with Chair of the Transparency Project, Lucy Reed KC.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ken Macdonald and Tim Owen discuss 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.

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

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

Ken and Tim discuss free will, assisted dying and parliamentary paralysis with Chief Executive of Dignity in Dying, Sarah Wootton

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

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

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

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

Ken Macdonald and Tim Owen discuss the decline of legal reporting, populism and small boats with leading legal commentator Joshua Rozenberg

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

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

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

Ken Macdonald and Tim Owen discuss lawmaking, Myra Hindley, Arsenal FC and the weakening of parliamentary scrutiny with celebrated barrister Lord David Pannick KC

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

Ken Macdonald and Tim Owen discuss Rishi Sunak’s post-festive legal headaches with Sir Jonathan Jones KC, former head of the Government Legal Department

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

Ken Macdonald and Tim Owen discuss fraud, corruption and a failure of justice with leading barrister Clare Montgomery KC

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

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

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

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

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

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.

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.

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.

Ken Macdonald and Tim Owen discuss the mysterious way Supreme Court Justices are appointed with Dinah Rose KC

Ken Macdonald and Tim Owen discuss press freedom and the right to privacy with Pia Sarma, the Editorial Legal Director, Times newspapers.

Ken Macdonald and Tim Owen discuss Liz Truss, filming criminal trials, and the Allison Bailey judgment affirming legal protection for gender-critical views.

Ken Macdonald and Tim Owen talk to Edward Fitzgerald QC about crime, punishment, God, redemption and the ethics of defending bad people.

Ken Macdonald and Tim Owen talk to philosopher Professor Kathleen Stock about science, gender and the importance of free speech.

Ken Macdonald and Tim Owen discuss what the Conservative leadership election may mean for rights and the rule of law.

We speak to Sir Jonathan Jones, former Head of the Government Legal Department, who resigned because he thought ministers shouldn’t break the law.