Double Jeopardy - UK Law and Politics

Ken Macdonald KC and Tim Owen KC
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Aug 28, 2025 • 30min

Farage, Tolerating Torture, and Mass Deportations: Dragging U.K. Justice into Uncharted Waters?

Can the UK tighten its asylum policies without abandoning its commitments to human rights?  Ken Macdonald KC and Tim Owen KC provide expert legal commentary on the Bell Hotel Judgment and its far-reaching impact on the government’s asylum policy. They examine the legal reasoning, the clash between local and central government, and the Court of Appeal challenge now underway. The conversation also covers the limited turnout at far-right protests, new polling showing immigration dominating public concern, and Nigel Farage’s sweeping Reform proposals. With public concern rising and party positions hardening, Ken and Tim ask: how should Labour respond? Link to the Bell Hotel Judgement here: https://www.judiciary.uk/wp-content/uploads/2025/08/Epping-Forest-DC-v-Somani-Hotels-Final-Judgment-2.pdf --- 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.
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Aug 20, 2025 • 34min

Holiday Postbag: Lucy Connolly, Lucy Letby, the Leveson Review and Two-Tier Justice

The hosts dive into the contentious legal cases of Lucy Connolly and Ricky Jones, exploring the impact of political rhetoric on justice. They critique ITV and BBC documentaries on Lucy Letby, noting fresh evidence and differing expert opinions. The complex dynamics of neonatal insulin controversy reveal deep divisions in medical perspectives. Additionally, they discuss the implications of new evidence challenging past convictions and the potential effects of the Supreme Court's recent rulings on the prosecution of financial crimes.
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Aug 13, 2025 • 39min

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. --- 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.
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Jul 30, 2025 • 37min

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. --- 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.
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Jul 23, 2025 • 46min

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. --- 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.
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Jul 16, 2025 • 49min

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. --- 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.
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Jul 9, 2025 • 43min

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 --- 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.
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Jul 2, 2025 • 33min

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.   — 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.
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Jun 25, 2025 • 42min

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.
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Jun 18, 2025 • 45min

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. --- 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.

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