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Double Jeopardy - UK Law and Politics

Double Jeopardy - UK Law and Politics

By: Ken Macdonald KC and Tim Owen KC
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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. Political Science Politics & Government
Episodes
  • Lucy Letby’s Trial Strategy Under the Spotlight, Why the Chinese Spy Case Collapsed, and Meta’s New Low
    Sep 24 2025
    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.
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    43 mins
  • Peter Mandelson, Graham Linehan, Palestine Action, and the Nastiness of Elon Musk
    Sep 17 2025
    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.
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    47 mins
  • Small Boats and the Irresistible Rise of Reform UK: Can the Refugee Convention Survive?
    Sep 10 2025
    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.
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    48 mins
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