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.