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
Oct 30, 2024 • 44min
No Money for Justice and Chris Kaba: Part 2
With every aspect of our criminal justice system – the police, courts, prison system and probation service – in a state of apparently permanent crisis thanks to 15 years of systemic underfunding, there seems little hope of fundamental change any time soon. Amidst the turmoil, Danny Shaw - a prominent voice in reporting and analysing criminal justice issues for 31 years at the BBC and, more recently, as an advisor to Home Secretary Yvette Cooper - now finds himself shaping the very policies he once analysed. His unique experience, from the newsroom to influencing Labour’s criminal justice agenda, sets the stage for a profound exploration of the reality of reforming our crippled justice system.In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen sit down with Danny to dissect the formulation of Labour's crime policies and the continuing controversy arising from the shooting of Chris Kaba. Together, they navigate the delicate balance between political rhetoric and the practical realities of implementation without any promise of increased spending on justice.As they unravel these intricate dynamics, the discussion shifts to the broader debate on policing, highlighting the legal and moral dilemmas that arise in high-stakes, high-pressure situations. Against the background of the acquittal of Met Police Firearms officer Martyn Blake for the shooting of South London gangster Chris Kaba, the trio discuss the law of self-defence, prosecutorial discretion and police accountability, critically assessing whether current legislation adequately protects the police and whether proposed reforms go far enough to address the root issues of trust and transparency within the justice system. In a lively debate, Danny explains why he agrees with Met Commissioner Sir Mark Rowley’s strong attack on the CPS for charging Martyn Blake and why he thinks Ken and Tim are wrong to believe that the DPP does not require fresh guidance to ensure that the police officers only face criminal charges when the law and the evidence supports a charging decision. Follow us on X/Twitter: https://x.com/doubjeopardypodFollow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
Oct 24, 2024 • 32min
The Shooting of Chris Kaba and Failing the Victims of Mohamed Al-Fayed
Metropolitan Police firearms officer Martyn Blake has been acquitted of the murder of gangster Chris Kaba. He may still face the sack because the Independent Office for Police Conduct can pursue disciplinary actions even after a criminal acquittal. How does this process work? And what are the complexities in cases like this? Were the CPS right to prosecute and how does the law of self-defence impact the actions of armed officers?Ken Macdonald and Tim Owen are back to discuss these and other questions arising from police shootings. They look at the role of the CPS in deciding to prosecute police officers, and historical cases like that of Jean Charles Menezes. Do the rules around the prosecution of police officers need to change? Would the public really have confidence in a system that offered special protection from prosecution for police officers? In this episode they also consider the growing scandal of Mohamed Al-Fayed’s apparent serial sex offending, and the atrocious police response to the complaints of scores of women.Follow us on X/Twitter: https://x.com/doubjeopardypodFollow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
Oct 16, 2024 • 48min
Law, Psychiatry and Murder
In recent episodes of Double Jeopardy, Ken Macdonald and Tim Owen have focused on the massive publicity surrounding the trial of Lucy Letby, and on the barrage of criticism of the expert medical evidence used by the prosecution to prove that babies were deliberately harmed by Lucy Letby, rather than dying of natural causes in circumstances where premature babies are uniquely vulnerable to medical crisis. In this episode Ken and Tim are joined by Dr Richard Latham, an NHS consultant forensic psychiatrist and expert witness who has huge experience of complex psycho-legal issues in criminal trials. In their discussion, they look at the duties and responsibilities of medics and scientists giving evidence in criminal proceedings. How is a diagnosis of mental disorder or mental illness made where intent is a key issue? What is required for establishing the partial defence to murder of diminished responsibility, and how does it differ from insanity? What are the professional and ethical duties that apply to experts instructed by the defence or the prosecution? And can it ever be appropriate for experts to speak out about a case they weren’t involved in, when they haven’t seen all the case materials?
Oct 9, 2024 • 28min
Naomi Campbell’s Philanthropy and Robert Jenrick’s Stupidity
As political rhetoric in the UK takes an alarming turn, Robert Jenrick’s recent statements link the European Convention on Human Rights (ECHR) to British soldiers committing unlawful killings abroad. These claims have drawn fierce criticism, with experts warning that such accusations not only distort reality but also endanger military personnel in the field.In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen take a deeper look into the risks Jenrick’s assertions pose, not just for the reputation of the UK's armed forces, but for international law and military operations. The conversation also touches on the broader debate about the role of the ECHR and whether Britain should distance itself from the convention altogether.The pair then shift focus to Naomi Campbell’s charity, Fashion for Relief, which recently has come under intense scrutiny. The Charity Commission’s report has revealed a startling financial mismanagement, where only a small fraction of donations reached the intended causes. With millions raised but minimal impact, Ken and Tim unravel the findings, raising important questions about accountability and transparency in the world of celebrity philanthropy.Follow us on X/Twitter: https://x.com/doubjeopardypodFollow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
Oct 2, 2024 • 55min
Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed
In the latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Lord Burnett of Maldon, the former Lord Chief Justice of England and Wales, to talk about punishment and the British addiction to prison.As one of five co-authors of a significant report on the subject (published by the Howard League in September) Lord Burnett shares his insights on the need for change in our approach to sentencing, the challenges within our overcrowded prisons, and the societal implications of the current punitive system. Together, the trio explore key questions such as why prison sentences have doubled in length over the past 50 years, whether longer sentences truly reduce crime, and the impact of political decision-making on our justice system.Ken and Tim also turn their attention to the damning allegations surrounding the late Mohamed Al-Fayed and the wider implications this case holds for the criminal justice system. This major scandal is just beginning.
Sep 24, 2024 • 32min
Diversity, Orwell and the Death of Satire
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Akua Reindorf KC, a discrimination law expert at Cloisters Chambers, to discuss the Bar Standards Board's proposal to change a core duty of barristers from the requirement that they ‘should not unlawfully discriminate’ (which would be illegal), to a positive duty that they must ‘advance equality, diversity and inclusion in their practices’ (which is not a legal requirement). The trio explore the implications of this change, and of the challenges it presents, not least because of the contested nature of EDI ideologies. They ask: Is this new duty just the latest manifestation of US racial politics gaslighting a Europe less tuned to its puritanical and divisive world view? And has the Bar Standards Board foolishly fallen victim to transatlantic ideological fashion, in a landgrab that will cause anger, confusion and dissent? They also look at Labour Party politician David Blunkett’s potential role in leading a government review of sentencing policies, reflecting on his draconian contributions to increased sentencing over decades. Is the news of his potential appointment another nail in the coffin of satire?
Sep 18, 2024 • 39min
Rape Trials in Peril and the Sentencing of Huw Edwards
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Vine, a KC at Doughty Street Chambers, to discuss the sensitive and difficult issue of the way in which trials of rape and other serious sexual offences are conducted. The trio discuss the complexities surrounding trials of sexual offences, particularly focusing on the special measures introduced to support vulnerable witnesses. They explore the implications of these measures, including Section 28 evidence, and the unintended consequences that have arisen, such as lower conviction rates. The conversation closes with a discussion on the recent sentencing of Huw Edwards, examining the principles applied by the judge, and the public response. Was it right not to send him straight to prison?Be sure to follow us on X: https://x.com/doubjeopardypodFollow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
Sep 11, 2024 • 33min
Tommy Robinson's Tax Returns & Grenfell Delays
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Dan Neidle, Founder of Tax Policy Associates, to explore the finances of Stephen Yaxley-Lennon, the far-right street agitator and self-styled journalist who calls himself Tommy Robinson. The trio explore how Yaxley-Lennon has monetised his presence on the internet through ‘donations’ and ‘gifts’ from his followers, which are then passed through multiple off-the-shelf companies. Ken, Tim and Dan investigate the tax implications of these ‘donations’, and the potential tax liabilities that Yaxley-Lennon may face now that HMRC has reportedly opened an investigation into him. To close the episode, Ken & Tim also touch on the Grenfell Inquiry Report and the glacial pace of criminal investigations in the UK justice system, highlighting the inefficiencies in the UK's investigative and legal processes as well as the need for major investment in the system. Be sure to follow us on X / Twitter: https://x.com/doubjeopardypodFollow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
Sep 3, 2024 • 37min
Hate, Bigotry and Bleaching the Internet
Hidden under the cloak of online anonymity, individuals in the UK have been charged and convicted of inciting and encouraging criminal behaviour without actively getting involved themselves. Ken Macdonald and Tim Owen analyse the debate triggered in the wake of the August 2024 riots across the UK; should we and how do we regulate the internet more closely without infringing the fundamental right to freedom of expression?Ken and Tim debate the differences between the US and European approaches to regulating the internet, with a focus on Section 230 of the US Federal Communications Act, recent decisions of the US Supreme Court and the EU Digital Services Act which is designed to prevent illegal and harmful activities online and the spread of disinformation. They also discuss the Online Safety Act 2023 and the challenge of balancing freedom of speech with the need to combat harmful content online. Follow us on X/Twitter: https://x.com/doubjeopardypod Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
Aug 27, 2024 • 30min
Lucy Letby Part 2: The Response
The case of Lucy Letby is one of the most controversial cases in British legal history. As is well known, the neonatal nurse is currently serving 15 whole-life sentences for the murder of seven infants and the attempted murder of eight others. Her application for leave to appeal her convictions returned at her first trial was firmly rejected by the Court of Appeal on 2nd July 2024 as unarguable. In this episode of Double Jeopardy, Ken Macdonald and Tim Owen respond to comments and criticisms received after discussing the Lucy Letby case in the most recent episode ‘Lucy Letby: The Shadow of a Doubt?" Ken and Tim respond to listeners addressing concerns about the fairness of the trial process and the credibility of the Court of Appeal process. They also discuss the recent admission by the Crown Prosecution Service that certain evidence was mislabeled at the original trial and whether this affects the conclusion that Lucy Letby’s convictions are safe. They explore the possibility of reopening the appeal and the potential for a different approach to reviewing scientific evidence before the Court of Appeal. Follow us on X/Twitter: https://x.com/doubjeopardypodFollow us on LinkedIn https://www.linkedin.com/company/double-jeopardy-podcast/
