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
Jan 22, 2025 • 28min
Listening to Criminals
In this episode, Ken Macdonald KC and Tim Owen KC examine the powerful arguments for using telephone intercept evidence in UK criminal trials. Why are the security services so opposed to a reform that would obviously give a major boost to convicting terrorists and serious criminals, and why have successive governments failed to overcome this opposition? For context, Ken and Tim look at the 2020 joint French/Dutch police operation which led to the demise of EncroChat (the so-called “WhatsApp for professional criminals”) and the many successful prosecutions that followed in the UK and across Europe, as courts listened to criminals planning their crimes in real time. Virtually every other fair trial country relies heavily on intercept evidence to fight terrorism and organised crime. Why does the UK continue to stand against it?
Jan 15, 2025 • 31min
Foreign Interference in the Age of TikTok and Musk
In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC engage in a thought-provoking discussion with their guest, Jonathan Hall KC, the independent reviewer of terrorism legislation and state threats. Together, they examine the implications of Elon Musk's influence on UK politics, the challenges posed by foreign interference, and the far-reaching impact of the National Security Act. The conversation explores emerging power dynamics between tech companies and nation states, raising critical questions about potential security threats posed by companies like X, Meta and TikTok. In the light of recent noises from the Trump team, they also address the thorny question of the repatriation of British Islamic State prisoners to the UK. Should Shamima Begum and others be brought home to be dealt with here, as the Americans demand?Finally, Ken and Tim consider whether Liz Truss’s recent threat to sue Keir Starmer for defamation is the weirdest legal action of all time.
Jan 8, 2025 • 38min
Spies, Royals and Elon Musk
Hosts Ken Macdonald KC and Tim Owen KC dive into the intriguing world of espionage, discussing a recent Chinese spy case involving Prince Andrew and its implications for national security law. They also explore the controversial trial of GCHQ analyst Katherine Gun, shedding light on whistleblowing and the security services' role. The conversation takes a turn to Elon Musk's eccentric involvement in UK politics, prompting a look at the growing influence of private individuals in governance and the challenges it presents.
Dec 18, 2024 • 40min
Review of the Year with Joshua Rozenberg
It’s been quite a year for law and politics in the UK. From the unravelling scandal of wrongful convictions in the Post Office Horizon cases, to the chilling aftermath of the Lucy Letby trial, questions about accountability and reform have never been more pressing, as growing scrutiny, and ever more polarised politics, continue to threaten the delicate balance between legal principles and public confidence. And through it all, Double Jeopardy has been bringing expert comment and the sharpest analysis wherever law and politics collide. In this final episode of the year, Ken Macdonald and Tim Owen are joined by renowned legal commentator Joshua Rozenberg to look back on 2024. What were its defining legal and political moments ? Where is police accountability after the Chris Kaba shooting? Have we heard the last of Lucy Letby, and why is the government not doing more to rescue a crumbling justice system? Together, they examine the structural and cultural challenges facing the courts and legal institutions, exploring how these events are shaping public trust- and perhaps damaging it to the point of no repair. This is not just a retrospective; it’s a critical interrogation of justice today. With sharp insights and deep analysis, this episode unpacks the interplay of law, politics, and public sentiment in shaping the UK's legal landscape.
Dec 11, 2024 • 27min
Getting Away with Murder?
A comprehensive review of homicide law and sentencing is underway, focusing on the implications of the 2003 Criminal Justice Act. The podcast explores how stricter penalties aim to address violence against women and the political challenges of meaningful reform. Delving into the delicate balance between deterrence, punishment, and fairness, it questions whether current practices simply contribute to prison overcrowding. The discussion also highlights the judiciary's role in managing sentence inflation amid evolving legal frameworks and societal pressures.
Dec 4, 2024 • 34min
Judges and the Power of Life and Death
As the House of Commons casts an historic vote on assisted dying, the debate over this deeply contentious issue isn’t going away. If anything, the vote has ignited even stronger passions on both sides, particularly about the judiciary’s role in navigating such morally charged territory, making decisions over life and death. In the latest episode of Double Jeopardy, Ken Macdonald and Tim Owen dissect this dilemma, the impact of religious beliefs on the legislative process, and the delicate balance judges must maintain when dealing with life-and-death decisions. The discussion then widens to include the resignation of Louise Haigh over a very old offence, a development that raises real questions about whether her treatment is consistent with the government’s stated policies on rehabilitation, or whether her sacking was purely political. Against this backdrop, Ken and Tim reflect on the wider challenges facing the judicial system, including the persistent backlog of cases that threatens the integrity of justice in the UK.
Nov 27, 2024 • 33min
Politics, Religion and Assisted Dying
Why is the Terminally Ill Adults (End of Life) Bill being introduced as a Private Member’s Bill, and how does this approach compare to historical conscience-driven legislation like the Abortion Act or the abolition of capital punishment? In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen delve into the complex issues surrounding assisted dying, with a focus on the Terminally Ill Adults (End of Life) Bill due for Second Reading in Parliament on 29th November. They examine its historical context, the state of public opinion and question the legitimacy of Cabinet Ministers such as Wes Streeting and Shabana Mahmood deploying resource based arguments against the Bill and consider the role of religious belief in the public debate. The discussion also examines the parliamentary scrutiny process and the judiciary's role in safeguarding against coercion. The episode further explores the controversial subject of non-crime hate incidents, critiquing current police practices and addressing the challenge of balancing the monitoring of hate speech with the protection of civil liberties. This thought-provoking episode offers an in-depth analysis of two critical intersections of law and politics.
Nov 20, 2024 • 34min
The Daily Mail Goes to Strasbourg
Is the cost of litigating free speech issues in the UK disproportionately high and what reforms might address the problem? In this episode of Double Jeopardy, Ken Macdonald and Tim Owen, together with leading media lawyer Gavin Millar KC, debate the irony of the Daily Mail’s recent victory before the the European Court of Human Rights over the issue of the costs incurred in unsuccessfully defending the paper in high profile defamation and privacy claims. They explore the chilling effect of the eye-wateringly high legal costs involved in High Court litigation and Gavin suggests some radical reforms of the current system in order effectively to maintain the right balance between the right to freedom of expression and the right to defend privacy and reputational rights. The trio also discuss Carole Cadwalladr’s pending case before the Strasbourg Court, the prospect of Labour enacting anti-SLAPP laws and the likelihood of bringing the Online Safety Act 2023 into full force given its potential to generate conflict with the Silicon Valley Broligarchy. Tune in for an engaging conversation on media law, free speech, and the political dilemmas facing a new Labour government.
Nov 13, 2024 • 31min
Lucy Letby, Fair Trials, and a Conservative Path to Justice
Delve into the complexities of the Lucy Letby case as a court dismisses her appeal, raising questions about the influence of media on jury impartiality. Explore the political landscape with newly appointed Shadow Secretary of State for Justice, Robert Jenrick, and his controversial stance on the ECHR. Uncover the implications of the Attorney General's new guidance for government lawyers, and the broader debates around justice policies and political accountability that are shaping the current legal landscape.
Nov 6, 2024 • 34min
Defending Diversity and Defining a Woman
Barristers’ Core Duty Eight currently requires members of the Bar not to discriminate unlawfully against any person. However, the Bar Standards Board now wishes to go further and create a new duty requiring barristers positively to advance equality, diversity and inclusion in their professional lives. In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen look at the row this proposal has sparked. Joining them is Karon Monaghan KC, a barrister specialising in equality and human rights law from Matrix Chambers, who provides insight into the implications of the proposed change, arguing that it does not represent the unwelcome imposition of a contested (American) ideology originating in the frenetic racial politics of that country, but is simply a necessary evolution in the duty to promote a diverse and inclusive bar. She suggests that reasonable steps towards progress, rather than quotas in all but name, are the goal. The episode also covers recent legal developments impacting women’s sex-based rights. And as she prepares, along with Beth Grossman, to argue a landmark case in the Supreme Court, which will determine once and for all the legal definition of a woman, Karon provides insight into a pivotal question: Should a trans woman with a Gender Recognition Certificate be legally recognised as a woman under the Equality Act? The answer will have major ramifications for all sex-based rights in the UK. Tune in to hear Ken, Tim, and Karon navigate the legal complexities surrounding EDI and Core Duty Eight and explore what these shifts might mean for the future of barristers’ professional obligations.Follow us on X/Twitter: https://x.com/doubjeopardypodFollow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
