Double Jeopardy - UK Law and Politics
Ken Macdonald KC and Tim Owen KC
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.
-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
Mentioned books
Jun 11, 2025 • 42min
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.
Jun 4, 2025 • 42min
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.
May 28, 2025 • 41min
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.
May 21, 2025 • 48min
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.
May 14, 2025 • 46min
Debating the Rule of Law in the UK: Hermer versus Wolfson
David Wolfson, KC, the Shadow Attorney General and former Under Secretary of State for Justice, joins for a captivating discussion on the rule of law in the UK. The conversation explores the divide between 'thin' and 'thick' interpretations of legal principle. They delve into parliamentary sovereignty, human rights debates, and the implications of international law, particularly concerning the Chagos dispute. Wolfson also addresses the impact of Brexit and Covid on the constitutional crisis, offering rare insights into the legal and political tensions shaping today's society.
May 7, 2025 • 46min
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. ----- 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.
Apr 30, 2025 • 39min
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. -----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.
Apr 23, 2025 • 39min
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.-----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.
Apr 16, 2025 • 37min
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.-----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.
Apr 9, 2025 • 38min
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?
Ian Winter, a leading criminal silk with vast experience in complex criminal and fraud cases, joins a riveting discussion about the Fisher Report. They dive into how outdated prosecution disclosure practices are leading to miscarriages of justice in the UK. The conversation explores challenges faced by both prosecution and defense, and the potential of artificial intelligence to modernize these practices. The need for cultural shifts and better training within the legal system is emphasized to ensure justice, fairness, and transparency in an evolving digital landscape.
