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PODCAST

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

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All Episodes

00:38:43

Two Tier Justice, Mass Migration, and a Pound Shop...

Double Jeopardy - UK Law and Politics ·

2025/04/02

Is the UK heading toward a constitutional clash over crime and justice? Exploring a wide range of pressing issues, from the government’s proposed emergency legislation to override revised sentencing guidelines, to the implications of an international summit on organised migration crime. Examining the complexities of asylum claims, the growing controversy around Article 8 of the Human Rights Act, and how media narratives are shaping public perception of the UK legal system. As expert legal

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00:30:59

Lucy Letby’s Victims Strike Back: Identification...

Double Jeopardy - UK Law and Politics ·

2025/03/26

Exploring the high-profile Lucy Letby case, and the dangers of relying too heavily on identification evidence, this episode of Double Jeopardy raises critical concerns about the ban on jury research and how it hampers efforts to improve the criminal justice system through controlled academic study. As expert legal commentators, Tim Owen KC and Ken Macdonald KC unpack the importance of pre-sentence reports in sentencing decisions - highlighting how vital they are in a time of crisis within UK

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00:26:11

Judicial Independence, Human Rights Law and Political...

Double Jeopardy - UK Law and Politics ·

2025/03/19

Is UK criminal justice really heading towards a two-tier sentencing system? A fierce debate has erupted over the Sentencing Council’s new guidance on pre-sentence reports, which highlights the need for greater consideration of certain defendant groups, including ethnic minorities. Critics argue that this risks creating an uneven playing field, while supporters insist it’s a necessary step toward fairness in sentencing. The Justice Secretary’s reaction has only added fuel to the fire - prompting a

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00:48:53

Amending the Assisted Dying Bill and the Sentencing...

Double Jeopardy - UK Law and Politics ·

2025/03/12

Should terminally ill adults have the right to decide how and when they die? The Terminally Ill Adults (End of Life) Bill is discussed by Jake Richards MP and hosts Ken Macdonald KC and Tim Owen KC. They talk about the legislative process, from the intricacies of the committee stage to the broader implications of the private members' bill system. The discussion also focuses on the historical evolution of social change, counter arguments, and the critical safeguards built into the bill. Jake, who is

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00:30:12

Labour’s Criminal Justice: Performance or Reality?

Double Jeopardy - UK Law and Politics ·

2025/03/05

Is tougher legislation the answer to crime, or is it just more political posturing? The Government’s monster new Crime and Policing Bill promises to crack down on antisocial behaviour, knife crime, and retail theft. But is any of this really necessary, or is it just another example of performative lawmaking? This episode unpacks the bill’s sweeping powers, the political motivations behind it, and asks whether existing laws already cover these issues. With police resources stretched thinly, what

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00:30:24

Why Sentencing is Out of Control

Double Jeopardy - UK Law and Politics ·

2025/02/26

Why is UK penal policy failing so badly? This week, Ken Macdonald KC and Tim Owen KC are joined by former Secretary of State for Justice David Gauke, who has just published Part 1 of his Independent Review into Sentencing. In the face of falling crime, why do we have the highest prison population in Western Europe, and why can’t we reduce our expensive addiction to incarceration? The discussion looks at how other countries have embarked on a process of prison closures, and questions why a decades

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00:25:34

Immigration, Asylum and Liberal Democracy

Double Jeopardy - UK Law and Politics ·

2025/02/19

A high-profile immigration case takes centre stage at Prime Minister’s Questions, sparking debate over refugee law and the reality of power politics in an age of populism. In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC dissect Kemi Badenoch’s focus on a controversial ruling involving a Palestinian family. They go on to consider the UN Convention on Refugees, and ask whether it remains viable in a new age of mass displacement and population movement.How should governments

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00:32:03

Lucy Letby: The Experts Break Cover

Double Jeopardy - UK Law and Politics ·

2025/02/12

Ken Macdonald KC and Tim Owen KC explore the latest developments in the case of Lucy Letby, as her new barrister holds a second press conference revealing the conclusion of 14 experts that every baby died either as a result of natural causes or because of medical neglect. Do these new medical opinions ‘demolish’ the evidence of the prosecution experts, as her new barrister claims? Or, as some allege, has this new analysis taken place in a vacuum, ignoring all the circumstantial evidence presented

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00:36:36

The Stolen Honour of Andrew Malkinson

Double Jeopardy - UK Law and Politics ·

2025/02/05

Ken Macdonald KC and Tim Owen KC are joined by guest Chris Henley KC, to explore the terrible miscarriage of justice which led to Andrew Malkinson spending 17 years in prison for a rape he didn’t commit. Looking at Chris’s report into the scandal, they examine the failures of the Criminal Cases Review Commission, and its atrocious mishandling of crucial DNA evidence. What lay behind the CCRC’s reluctance to revisit this wrongful conviction, and why did it betray its founding mission? They also

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00:28:18

Southport, Terrorism and Whole Life Tariffs

Double Jeopardy - UK Law and Politics ·

2025/01/29

Ken Macdonald KC and Tim Owen KC review the Southport murder trial, following Axel Rudakubana's sentencing to life imprisonment with a minimum term of 52 years for the murders of three girls in Southport in July 2024. The discussion examines the implications of recent legislative changes surrounding whole life orders for young people, the public's reaction to severe sentencing, and the challenges of defining terrorism within the legal framework. The episode concludes by considering the

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00:26:06

Listening to Criminals

Double Jeopardy - UK Law and Politics ·

2025/01/22

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

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00:29:23

Foreign Interference in the Age of TikTok and Musk

Double Jeopardy - UK Law and Politics ·

2025/01/15

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

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00:35:52

Spies, Royals and Elon Musk

Double Jeopardy - UK Law and Politics ·

2025/01/08

In the latest episode of Double Jeopardy, hosts Ken Macdonald KC and Tim Owen KC discuss the implications of the recent Chinese spy case involving Yang Tengbo and Prince Andrew. Looking at the role of the Special Immigration Appeals Commission, they consider the sensitive role of national security in immigration law, Britain's evolving view of business relationships with China, and MI5's safety first approach to foreign influence. Sticking with national security, they discuss the trial of the GCHQ

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00:38:02

Review of the Year with Joshua Rozenberg

Double Jeopardy - UK Law and Politics ·

2024/12/18

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

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00:25:40

Getting Away with Murder?

Double Jeopardy - UK Law and Politics ·

2024/12/11

The announcement that the Ministry of Justice has commissioned the Law Commission to undertake a comprehensive review of homicide law and sentencing in murder cases alongside the Gauke review of sentencing in non-homicide cases means that sentencing policy in England and Wales will be reviewed simultaneously by two separate bodies.Given the role of longer sentences for murder in increasing sentences across the board, is this a sensible way to tackle the sentence inflation generated over the past

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00:31:52

Judges and the Power of Life and Death

Double Jeopardy - UK Law and Politics ·

2024/12/04

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

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00:31:26

Politics, Religion and Assisted Dying

Double Jeopardy - UK Law and Politics ·

2024/11/27

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

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00:31:55

The Daily Mail Goes to Strasbourg

Double Jeopardy - UK Law and Politics ·

2024/11/20

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

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00:28:55

Lucy Letby, Fair Trials, and a Conservative Path to...

Double Jeopardy - UK Law and Politics ·

2024/11/13

Join Ken Macdonald and Tim Owen in this episode of Double Jeopardy as they discuss significant legal developments, including the recent Court of Appeal judgment roundly rejecting Lucy Letby’s argument that pre-trial publicity made her retrial unfair. Are jurors really unaffected by prejudicial media reports? They also look at the fascinating political journey of the new Shadow Secretary of State for Justice, Robert Jenrick. Is his hard-right act real, or a pose? And why has Kemi Badenoch appointed

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00:32:15

Defending Diversity and Defining a Woman

Double Jeopardy - UK Law and Politics ·

2024/11/06

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

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