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
Apr 2, 2025 • 40min
Two Tier Justice, Mass Migration, and a Pound Shop Trump in the UK Parliament
Is the UK heading toward a constitutional clash over crime and justice? Exploring a wide range of pressing issues, from the government’s proposed emergency legislation to override revised sentencing guidelines, to the implications of an international summit on organised migration crime. Examining the complexities of asylum claims, the growing controversy around Article 8 of the Human Rights Act, and how media narratives are shaping public perception of the UK legal system. As expert legal commentators, Ken Macdonald KC and Tim Owen KC explore the mounting tension at the heart of UK law and politics - where legal principles collide with political pressure. Ken and Tim also explore growing political pressures in the UK as they relate to pre-sentence reports, criticisms of the Sentencing Council, and the broader debate over a so-called two-tier justice system. They focus on the UK criminal justice crisis, rising prison populations, and the shifting line between the executive and the judiciary - highlighting real risks to judicial independence, the rule of law, and freedom of expression. This is UK politics explained at its most urgent - where current events, high-profile legal cases, and ideological clashes converge. Whether you’re a lawyer, policymaker, or politically curious listener, Double Jeopardy delivers unmatched legal system insights and expert legal commentary from two of the UK’s most experienced legal voices.First the letter from Lord Justice Davis to the Lord Chancellor dated 20th March 2025 can be found here.Just Stop Oil protesters appeal against sentence can be found here.-----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.
Mar 26, 2025 • 33min
Lucy Letby’s Victims Strike Back: Identification Evidence, Miscarriages of Justice and Legal System Insights into How UK Juries Reach their Verdicts
The podcast dives deep into the Lucy Letby case, exposing the pitfalls of reliance on identification evidence in trials. It examines the emotional toll on victims' families and the conflicts within medical expert opinions. Transparency in jury deliberations is scrutinized, highlighting historical anomalies like Ouija board verdicts. The hosts stress the importance of pre-sentence reports for fair sentencing and call for better funding for probation services, emphasizing community punishment as a way to alleviate prison overcrowding.
Mar 19, 2025 • 28min
Judicial Independence, Human Rights Law and Political Hypocrisy: Breaking Down the 6 Page Letter from the Sentencing Council Chair
Is UK criminal justice really heading towards a two-tier sentencing system? A fierce debate has erupted over the Sentencing Council’s new guidance on pre-sentence reports, which highlights the need for greater consideration of certain defendant groups, including ethnic minorities. Critics argue that this risks creating an uneven playing field, while supporters insist it’s a necessary step toward fairness in sentencing. The Justice Secretary’s reaction has only added fuel to the fire - prompting a scathing six-page rebuke from Lord Justice William Davis, the Chair of the Sentencing Council. You can find his letter here. Ken Macdonald KC and Tim Owen KC break down the implications of this controversy, before turning their attention to reports that No. 10 may introduce legislation to limit the influence of the European Convention on Human Rights (ECHR) in immigration cases. Does the threat of Europe-wide populism mean that we now have to view mass migration in a different way, and as a serious threat to the prevailing European culture of liberal democracy?
Mar 12, 2025 • 51min
Amending the Assisted Dying Bill and the Sentencing Council Under Attack
Should terminally ill adults have the right to decide how and when they die? The Terminally Ill Adults (End of Life) Bill is discussed by Jake Richards MP and hosts Ken Macdonald KC and Tim Owen KC. They talk about the legislative process, from the intricacies of the committee stage to the broader implications of the private members' bill system. The discussion also focuses on the historical evolution of social change, counter arguments, and the critical safeguards built into the bill. Jake, who is the Labour MP for Rother Valley and a co-sponsor of the legislation, shares his personal motivations for championing this change in the law, emphasising the fundamental question at its core: should individuals be granted the autonomy to make their own end-of-life decisions? Next, Ken and Tim turn to the extraordinary row caused by the recent Sentencing Council paper on pre-sentence reports for black and minority ethnic defendants. Why did Justice Secretary Shabana Mahmood join the Conservative attack that these proposals are an example of so-called two-tier justice? And will she really move to undermine the independence of the Council?Finally, does the evidence that black defendants are treated more harshly by the criminal justice system really stack up?
Mar 5, 2025 • 32min
Labour’s Criminal Justice: Performance or Reality?
Is tougher legislation the answer to crime, or is it just more political posturing? The Government’s monster new Crime and Policing Bill promises to crack down on antisocial behaviour, knife crime, and retail theft. But is any of this really necessary, or is it just another example of performative lawmaking? This episode unpacks the bill’s sweeping powers, the political motivations behind it, and asks whether existing laws already cover these issues. With police resources stretched thinly, what impact will these changes have on frontline policing and public confidence in the justice system? Ken Macdonald KC and Tim Owen KC are joined by leadng commentator Danny Shaw to break it all down.
Feb 26, 2025 • 32min
Why Sentencing is Out of Control
Why is UK penal policy failing so badly? This week, Ken Macdonald KC and Tim Owen KC are joined by former Secretary of State for Justice David Gauke, who has just published Part 1 of his Independent Review into Sentencing. In the face of falling crime, why do we have the highest prison population in Western Europe, and why can’t we reduce our expensive addiction to incarceration? The discussion looks at how other countries have embarked on a process of prison closures, and questions why a decades long penal arms race between the main UK political parties prevents us from doing the same.Ken and Tim go on to review the Lady Chief Justice’s recent criticism of Kemi Badenoch and Keir Starmer, as she accuses them of completely misunderstanding a recent judgment granting a Gazan family leave to remain in the UK. Was Lady Carr right to intervene in this way?
Feb 19, 2025 • 27min
Immigration, Asylum and Liberal Democracy
A high-profile immigration case takes centre stage at Prime Minister’s Questions, sparking debate over refugee law and the reality of power politics in an age of populism. In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC dissect Kemi Badenoch’s focus on a controversial ruling involving a Palestinian family. They go on to consider the UN Convention on Refugees, and ask whether it remains viable in a new age of mass displacement and population movement.How should governments respond to migration and asylum, when both are massive drivers of populist political movements seeking to promote authoritarianism and destroy liberal democracy?Finally, Ken and Tim return to the campaign to remove Richard Hermer from his position as Attorney General. Don’t these coordinated attacks, coming from his own ministers, and directed against his close friend and ally, make Keir Starmer himself look weak?You can find a link to the Gaza judgement hereAnd the Lady Chief Justice’s angry response to the attack on the Upper Tribunal Judge here
Feb 12, 2025 • 34min
Lucy Letby: The Experts Break Cover
Discover the latest twists in Lucy Letby's legal saga as experts weigh in on the causes of infant deaths. A new barrister claims to have evidence that could challenge the prosecution's case, igniting a fierce debate over expert testimonies. The podcast also sheds light on the political maneuvering surrounding the Attorney General, revealing deep tensions within the government. Tune in to understand the implications of legal strategies and the battle between justice and political agendas.
Feb 5, 2025 • 38min
The Stolen Honour of Andrew Malkinson
Ken Macdonald KC and Tim Owen KC are joined by guest Chris Henley KC, to explore the terrible miscarriage of justice which led to Andrew Malkinson spending 17 years in prison for a rape he didn’t commit. Looking at Chris’s report into the scandal, they examine the failures of the Criminal Cases Review Commission, and its atrocious mishandling of crucial DNA evidence. What lay behind the CCRC’s reluctance to revisit this wrongful conviction, and why did it betray its founding mission? They also consider the danger of relying on identification evidence, and the Court of Appeal’s much overdue quashing of Malkinson’s conviction, which it delivered with no apology. Why is there still such cultural resistance to the idea that innocent people can be convicted? And why aren’t Court of Appeal judges providing a stronger lead in uncovering injustice?
Jan 29, 2025 • 30min
Southport, Terrorism and Whole Life Tariffs
Ken Macdonald KC and Tim Owen KC review the Southport murder trial, following Axel Rudakubana's sentencing to life imprisonment with a minimum term of 52 years for the murders of three girls in Southport in July 2024. The discussion examines the implications of recent legislative changes surrounding whole life orders for young people, the public's reaction to severe sentencing, and the challenges of defining terrorism within the legal framework. The episode concludes by considering the effectiveness of the Prevent program in identifying potential threats and the difficulties of media reporting in high-profile cases.
