Double Jeopardy - UK Law and Politics

After a brief explanation for the non-appearance of last week’s episode (severe back pain and hard-core painkillers) Ken Macdonald KC and Tim Owen KC review Reform’s rapidly evaporating policy agenda, Keir Starmer’s rhetorical revival and Kemi Badenoch’s predictable decision to dump the European Convention on Human Rights and repeal the Human Rights Act having taken legal advice from Lord Wolfson KC.     They then revisit the mysterious – and as yet unexplained – decision by the DPP to abandon the prosecution of Christopher Cash and Christopher Berry on charges of spying for China two weeks before their Old Bailey trial was due to start.  Was it really because UK National Security adviser Jonathan Powell directed that China could not be characterised in open court as “an enemy” under the Official Secrets Act 1911, thereby shafting the prosecution’s case at the eleventh hour?  Or was it to avoid the embarrassment of a hopelessly weak case being exposed by the defence?     Finally, Ken celebrates Ed Miliband’s Conference call for Elon Musk “to get the hell out of our politics” and doubles down on his contempt for the Silicon Valley tech tyrants who seek to lecture us about free speech and cancel culture. ---  Covering the critical intersections of politics and law 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 politics and law 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.

With Parliament in recess till mid-October, Ken Macdonald KC and Tim Owen KC reflect on a number of issues which have dominated the headlines over the past week.     After a brief apology from Tim for misquoting in last week’s episode Lord Hermer’s evidence to the House of Lords Constitution Committee on the issue of reform of the European Convention on Human Rights (ECHR), Ken and Tim discuss what may lie behind the Director of Public Prosecutions’ (DPP) decision suddenly to drop serious charges of spying for China contrary to the Official Secrets Act 1911 against Christopher Berry and Christopher Cash only a few weeks before they were due to stand trial at the Old Bailey – was it because of the legal difficulty in proving that China was an “enemy” State?  Or, more likely, was it because the DPP concluded that his duty of disclosure to secure a fair trial meant he had to disclose material which the Security Services were unwilling to reveal for reasons of national security?     They then debate the interview with Dr Mike Hall on The Trial of Lucy Letby Podcast conducted by Daily Mail journalists Liz Hull and Caroline Cheetham – instructed by Lucy Letby’s defence team as an expert in neonatal medicine, Dr Hall attended every day of Letby’s 10 month trial but was ultimately not called as a defence witness for what he concludes were “tactical reasons”.  He attacks what he calls “the game of law” which meant, in his view, that the jury were deprived of crucial alternative expert evidence which may have undermined the prosecution’s medical case on causation.  Ken then lays into the extraordinary behaviour of tech behemoth Meta in defending its use of back-to school pictures of schoolgirls as young as 13 to promote its Threads site as “bait” to attract adult male followers.      The duo conclude with a less than complimentary review of an article in the Daily Telegraph by former Tory Attorney General Sir Michael Ellis KC where he sets out his 10 ways to save the UK from the road to ruin.  Is Ellis simply a fool to be ignored or should his ideas be taken seriously as yet another indication of the rise of radical right-wing populism?    ---    Covering the critical intersections of politics and law 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 politics and law 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.

The recent mass arrests at Palestine Action protests, Tommy Robinson’s Unite the Kingdom rally, the turmoil generated by the sacking of Angela Rayner and Peter Mandelson and the political fall-out from the arrest of Graham Linehan all contribute to a mood of crisis in UK law and politics. Can a weakened and wounded Government reverse the tide?   Ken Macdonald KC and Tim Owen KC begin with an obituary to their Matrix chambers colleague and friend, Conor Gearty KC, the esteemed Professor and barrister who died suddenly last week at the age of 67. They then go behind the headlines to discuss a host of issues which have combined to create a crisis for a Labour government only recently elected with a thumping majority, including: Palestine Action demonstrations-  the escalation of arrests under UK anti-terrorism laws and the legal challenges to these laws and their implications; the Cabinet reshuffle– what will be the impact on the Home Office and Ministry of Justice policies?; The sacking of Peter Mandelson and the failures of “due process”; the arrest of Graham Linehan – what does it say about the state of free speech laws in the UK?; is the Assisted Dying Bill in peril following the House of Lords’ debate?  ---     Covering the critical intersections of politics and law 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 politics and law 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.

Unpack one of the most dramatic moments in the life of the Labour government so far: Angela Rayner’s resignation, a sweeping cabinet reshuffle, and Shabana Mahmood’s arrival as Home Secretary. With David Lammy moved to Justice and Yvette Cooper shifted to the Foreign Office, what does this signal for immigration, asylum, and criminal justice reform? To explore the current events in UK politics, Ken Macdonald KC and Tim Owen KC are joined by Sir Jonathan Jones KCB KC, former Treasury Solicitor, and Permanent Secretary of the Government Legal Department 2014-2020. Together they offer expert legal commentary on the growing calls to repeal the Human Rights Act, withdraw from the European Convention on Human Rights (ECHR), and even abandon the Refugee and Torture Conventions. They discuss whether such moves are legally possible in UK law, the lessons from Denmark’s hardline asylum model, and the challenges of redefining refugee status in a world of mass displacement and criminal gangs exploiting the terms of the 1951 Convention.   The conversation also tackles the complex question of whether withdrawal from the ECHR would breach the Belfast Good Friday Agreement, the role of the common law in safeguarding fundamental rights, and whether a populist government could truly legislate away protections against torture and inhuman treatment or punishment.    With the debate on human rights law at its most febrile in decades, Ken, Tim and Jonathan ask: how far could Britain really go—and at what cost to its international standing, constitutional integrity, and democratic values? Link to The ECHR and the Belfast (Good Friday) Agreement on policy exchange here. Link to the ECHR & Immigration Control in the UK: Informing the Public Debate document, authored by Victoria Adelmant, Alice Donald and Başak Çali here. --- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future. What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system? Get answers to questions like these weekly on Wednesdays. Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights. Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades. Both bring unparalleled experience from the frontline of Britain's legal and political landscape. If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

Does the ECHR really block the UK’s ability to implement effective immigration/asylum policies? And why is Nigel Farage doing his best to persuade the foreign US government and its increasingly far right tech bro cronies, to bully the UK over the Online Safety Act, so recently passed by Parliament? And how does this behaviour align with his loudly professed patriotism and promotion of British sovereignty?  This week on Double Jeopardy, hosts Ken Macdonald KC and Tim Owen KC provide expert legal commentary on the Court of Appeal’s ruling on the Bell Hotel injunction case and discuss the broader implications of UK and European asylum policies, with special focus on Denmark and Sweden. The episode also covers Nigel Farage's political manoeuvres, the populist claim that we have a "two-tier justice" system and insights from a recent research paper examining the impacts of European Court of Human Rights rulings on UK deportation policies.    Link to the UK in a Changing Europe 2025 article by Dr Alice Donald, Dr Joelle Grogan and Victoria Adelmant located here: https://ukandeu.ac.uk/explainers/does-the-european-convention-on-human-rights-stop-foreign-criminals-being-removed-from-the-uk/ --- 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.

Can the UK tighten its asylum policies without abandoning its commitments to human rights?  Ken Macdonald KC and Tim Owen KC provide expert legal commentary on the Bell Hotel Judgment and its far-reaching impact on the government’s asylum policy. They examine the legal reasoning, the clash between local and central government, and the Court of Appeal challenge now underway. The conversation also covers the limited turnout at far-right protests, new polling showing immigration dominating public concern, and Nigel Farage’s sweeping Reform proposals. With public concern rising and party positions hardening, Ken and Tim ask: how should Labour respond? Link to the Bell Hotel Judgement here: https://www.judiciary.uk/wp-content/uploads/2025/08/Epping-Forest-DC-v-Somani-Hotels-Final-Judgment-2.pdf --- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future. What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system? Get answers to questions like these weekly on Wednesdays. Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights. Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

Is Chris Philp’s tweet about the different outcomes in the Lucy Connolly/Ricky Jones cases simply moronic and embarrassing or something more sinister? What do the ITV and Panorama documentaries tell us about the safety of Lucy Letby’s convictions? What could potentially derail some of Sir Brian Leveson’s proposals for radical reform of the right to trial by jury? What impact will the Supreme Court’s decision to quash the convictions of Tom Hayes and Carlo Palombo have on the future prosecution of complex financial crimes? In this edition of Double Jeopardy, Ken Macdonald and Tim Owen dig into listener questions and unpack some of the most contentious legal issues shaping headlines in the UK. From Lucy Connolly to Lucy Letby, widespread criticisms of the Leveson Review’s recommendations and the fallout from the Supreme Court’s decision in R v Hayes & Palombo, the hosts provide candid, insider perspectives on how the justice system works, and sometimes falters. Listeners interested in reading the response of the Criminal Bar Association to the Leveson Review (Part 1) can click here - https://www.criminalbar.com/wp-content/uploads/2025/08/CBA-Position-on-the-Independent-Review-of-the-Criminal-Courts-Part-1-.pdf —- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future. What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system? Get answers to questions like these weekly on Wednesdays. Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights. Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

In this week’s episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen are joined once again by an old friend of the podcast, the award-winning, former BBC, journalist and crime and justice commentator Danny Shaw. Together, they dive into the legal, political, and social repercussions faced by Palestine Action supporters following mass arrests in the wake of the decision to proscribe Palestine Action as a terrorist group under the Terrorism Act 2000. The trio also debate the claim by former Labour Lord Chancellor Charlie Falconer in the Guardian that Justice Secretary Shabana Mahmood “has been an absolutely brilliant reforming Lord Chancellor in enormously difficult circumstances” and review Labour’s law reform successes (and misses) one year into office.  They also discuss the benefits and challenges of proposed policy changes that could see foreign criminals deported immediately after conviction without serving any jail time in the UK. You can find the link to the permission judgment of Chamberlain J. on 30/7/25 in the Palestine Action judicial review case challenging the legality of the decision to proscribe PA as a terrorist group here. --- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future. What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system? Get answers to questions like these weekly on Wednesdays. Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights. Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

What happens when the criminal justice system gets it wrong and takes years to admit it? And what does it say about the state of UK law when protestors are labelled terrorists while populists call for military-built prisons?   From the Supreme Court’s critical judgment in the high-profile legal case against the LIBOR (London Interbank Offered Rate) traders calling out systemic failure in the appeals process to the explosive policy platform launched by Reform UK, this episode of Double Jeopardy covers the legal and political stories reshaping public discourse. Ken Macdonald KC and Tim Owen KC unpack a series of developments exposing deep fault lines in British politics, freedom of expression, and the rule of law.   They also return to the government’s decision to proscribe Palestine Action under terrorism legislation raising urgent questions about human rights law, the policing of protest, and the erosion of civil liberties under the banner of national security.   You can find the Supreme Court judgment in Rex v Hayes & Palombo here.   Carlo Palombo was represented by Tim Owen KC, Jonathan Crow CVO, KC, Katherine Hardcastle, Tim James-Matthews and Elizabeth Walsh instructed by Ben Rose of Hickman & Rose.  Tom Hayes was represented by Adrian Darbishire KC and Tom Doble instructed by Karen Todner. --- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.   What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?   Get answers to questions like these weekly on Wednesdays.   Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.   Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.   Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.    Both bring unparalleled experience from the frontline of Britain's legal and political landscape.   If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

Is it ever justified for the Government to secure a superinjunction in the face of a perceived risk to the life and limb of countless individuals caused by human error?  A catastrophic data leak in February 2022 exposed over 18,000 Afghan applicants for resettlement in the UK to violent retribution by the Taliban and a superinjunction granted in August 2023 prevented Parliament and the public from knowing what had happened.  Public law specialist, solicitor Daniel Carey has spent years litigating on behalf of Afghan allies left behind after the Taliban takeover in August 2021, confronting a bewildering and overwhelmed Government bureaucracy, flawed risk assessments, and a system marred by secrecy and delay. He joins Ken Macdonald KC and Tim Owen KC on Double Jeopardy to discuss how his experience reveals fundamental problems in the UK’s Afghan Relocation and Assistance Policy (ARAP) and raises urgent questions about the proper role of superinjunctions in national security matters and whether Parliament in some form had a right to know about a catastrophe involving risk to life as well as huge financial consequences.   They interrogate the government's decision to keep Parliament in the dark, the controversial court rulings on freedom of expression, and the impact of the Rimmer report which led to the lifting of the superinjunction and the closure of all the Afghan resettlement scheme despite a continuing risk to life.   This is an episode rich in expert legal commentary and essential context for anyone seeking to understand how UK politics, the rule of law, and the legal system intersect in moments of national crisis.    Link to judgments can be found here. --- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.   What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?   Get answers to questions like these weekly on Wednesdays.   Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.   Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.   Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.    Both bring unparalleled experience from the frontline of Britain's legal and political landscape.   If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

The UK criminal justice system is facing an existential threat with court backlogs surging, trial complexity increasing, and decades of chronic underfunding pushing the system to the edge of collapse. Ken Macdonald KC and Tim Owen KC are joined by Sir Brian Leveson to discuss the findings of his landmark independent review of the criminal courts.    The discussion explores proposals to overhaul the structure of criminal trials, reduce pressure on the courts, and restore public trust touching on key issues such as: Removing the right to elect trial by jury in certain cases Expanding out-of-court resolutions Creating a new Crown Court bench division Modernising and diversifying the magistracy Introducing judge-only trials in complex or lengthy cases These recommendations sit at the heart of a wider debate about the future of UK law, political issues in Britain, and the balance between justice, efficiency, and liberty. The episode interrogates what’s at stake for the rule of law, judicial independence, and the public’s faith in a fair, functioning system. --- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.   What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?   Get answers to questions like these weekly on Wednesdays.   Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.   Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.   Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.    Both bring unparalleled experience from the frontline of Britain's legal and political landscape.   If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

The Crown Prosecution Service (CPS) is reviewing new allegations against Letby herself, alongside claims of corporate failings that could amount to corporate manslaughter. As police investigate, questions are mounting about accountability at the highest levels of the health system and beyond. As police escalate their investigation into the National Health Service (NHS) leadership, three former senior managers at the Countess of Chester Hospital have been arrested on suspicion of gross negligence manslaughter.    Focusing on one of the most high-profile legal cases in recent memory to broader political issues in Britain from the legality of Israel and US military action under international law, to the complexities of legal privilege in criminal appeals, this conversation also marks the anniversary of the 7/7 bombings, examining how crises reshape laws on prisons and sentencing, freedom of expression, and crime and punishment.   Double Jeopardy returns with Ken Macdonald KC and Tim Owen KC to unpack the deeper legal and political implications behind the headlines offering expert legal commentary that connects current events with long-term challenges in UK politics, UK law, and the ongoing criminal justice crisis.   You can find the blog post from The Jolly Contrarian titled Lucy Letby: waiver of privilege?  Here.   If you'd like to listen through all our episodes about Lucy Letby, you can find them here:   Lucy Letby’s Victims Strike Back: Identification Evidence, Miscarriages of Justice and Legal System Insights into How UK Juries Reach their Verdicts  Release Date: March, 26, 2025 Lucy Letby: The Experts Break Cover Release Date: February, 12, 2025 Lucy Letby, Fair Trials, and a Conservative Path to Justice  Release Date: November, 13, 2024 ⁠Lucy Letby Part 2: The Response  Release Date: August, 27, 2024 Lucy Letby The Shadow of a Doubt? Release Date: August, 16, 2024 --- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.   What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?   Get answers to questions like these weekly on Wednesdays.   Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.   Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.   Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.    Both bring unparalleled experience from the frontline of Britain's legal and political landscape.   If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

Has the United States & Israel broken international law by bombing Iran? Or was it an act of Self-Defence?   Professor Marko Milanovic, a leading expert in international law joins Ken Macdonald KC and Tim Owen KC to assess the legality of the recent Israeli and US military actions against Iranian nuclear facilities.    From Article 51 of the UN Charter to the legacy of the Caroline Doctrine, the discussion dives deep into the legal justifications for self-defence, the meaning of "imminent threat," and whether international law permits pre-emptive force in the face of existential danger.   Professor Milanovic challenges political and legal narratives from NATO, UK politicians, and beyond—exploring whether Israel and the U.S. were acting within the bounds of law, or eroding the very norms that exist to prevent war.   You can read Professor Milanovic’s recent blog post here.   — Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy.    With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.   What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?   Get answers to questions like these weekly on Wednesdays.   Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.   Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.   Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.    Both bring unparalleled experience from the frontline of Britain's legal and political landscape.   If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

How should members of Parliament decide matters of life and death? In the midst of passionate public debate, Parliament has begun to rewrite the legal boundaries around abortion and assisted dying, but what does that mean for the future of UK law? And has the United States broken international law by bombing Iran?   Ken Macdonald KC and Tim Owen KC explore the shifting lines of morality, medicine, legality and war in some of Britain’s most divisive debates. They examine the legal, ethical, and political fallout of recent reforms, including the decriminalisation of abortion and the proposed assisted dying bill, raising urgent questions about how laws evolve to reflect modern values.   They’re joined by Labour MP Tonia Antoniazzi, who sponsored the abortion amendment. She offers powerful insight into the parliamentary process, the resistance reformers face, and what it means to legislate on issues where conscience, religion, and human rights collide.   From politics and law to freedom of expression, from crime and punishment to the morality of modern warfare, this episode offers rigorous expert legal commentary on today’s most sensitive current political events. With a focus on how British politics navigates questions of life, death, and dignity - and what that reveals about the state of our legal system.

What happens when a justice system is asked to do more with less and at what cost to fairness, freedom, and the rule of law?   Crime and justice commentator Danny Shaw appears on the show to examine the political and legal fallout from the UK government’s spending review. With stretched police forces, an underfunded probation service, and mounting pressure on the courts and the prisons, how can Labour’s Manifesto commitment to “Take Back Our Streets” be fulfilled ?   Ken and Tim then turn to the bulging Double Jeopardy postbag and tackle listeners’ questions and comments on the proposed reforms anticipated in the Leveson Review such as judge-only trials, as well as the implications of potential changes to abortion law in England Wales. What do these shifts mean for prosecutors, defendants, and the future of jury trials in Britain? And when are jurors entitled to follow their consciences rather than the evidence?    From prisons and sentencing to digital forensics and judicial independence, this episode offers expert legal commentary on the most pressing political issues in Britain today set against the broader backdrop of UK politics. Expect sharp, accessible legal system insights for anyone trying to make sense of current events and current political events. You can find the link to the Judgment in the Trudy Warner case here and the Report of the Westminster Commission on Miscarriages of Justice on Forensic Science here. --- Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.   What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?   Get answers to questions like these weekly on Wednesdays.   Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.   Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.   Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.    Both bring unparalleled experience from the frontline of Britain's legal and political landscape.   If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

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. --- 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.

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. --- 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.

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. --- 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.

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. ------ 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.

The clash between David Wolfson KC’s “thin” interpretation of legal principle and Attorney General Richard Hermer’s “thick” is explained through the experienced legal eyes of Ken Macdonald KC and Tim Owen KC on this episode of Double Jeopardy.   They dig into the political implications of these contrasting views, the role of parliamentary sovereignty, how the UK navigates its obligations under international law, including the Chagos Island dispute and the role of the International Criminal Court, whether the Tories will commit to repeal of the Human Rights Act and leaving the ECHR and ask whether the role and function of the rule of law can ever be approached in a non-partisan way.   Shadow Attorney General David Wolfson KC also joins Double Jeopardy to tackle one of the most pressing questions in UK politics and law today: what does the rule of law really mean - and who gets to define it?    Covering the constitutional crisis created by Brexit/Covid, the right of Parliament to legislate in defiance of international law, the domestic law tensions generated by the expansive approach to human rights law of the European Court of Human Rights and the influence of current political events including the migration debate on attitudes to the rule of law, this episode offers rare, insider insight into the legal and philosophical tensions at the heart of the British system.   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.