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Double Jeopardy - UK Law and Politics

Double Jeopardy - UK Law and Politics

Auteur(s): 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. Politique Sciences politiques
Épisodes
  • Trump versus The BBC, and Shabana Mahmood’s Asylum Crackdown
    Nov 19 2025
    Is Trump’s threat to sue the BBC for $1billion in a Florida Court over the Panorama documentary just another example of his baseless, abusive use of the Courts to intimidate media companies ? And should the BBC submit to his intimidation given the uncertainties of a Florida jury trial ? Ken Macdonald KC and Tim Owen KC are joined by leading media law Silk, Gavin Millar KC, to discuss what went wrong in the editing process behind the Panorama documentary and the differences between US and UK defamation laws. Gavin explains the potential knock-out blows that the BBC might deliver should Trump issue a defamation claim and why Trump’s claim would be doomed to fail before an English court. Ken and Tim then dissect Shabana Mahmood’s announcement to Parliament of Labour’s major reforms to the UK’s asylum and returns system and reflect on her defiant rejection of the charge that she is aping Reform’s racist policy agenda. Will the Government’s reforms achieve the aim of halting the daily flow of migrants across the Channel as well as increasing the removal of those with no right to stay ? And can domestic law reform change the way that our Courts interpret the impact of Articles 3 and 8 of the European Convention on Human Rights in a way which will be immune from review by the Strasbourg Court ? Click here for a link to the Government’s paper on Restoring Order and Control - https://www.gov.uk/government/publications/asylum-and-returns-policy-statement/restoring-order-and-control-a-statement-on-the-governments-asylum-and-returns-policy Finally, the duo follow up last week’s episode on the mistaken Wandsworth prisoner releases with an update on the explanation given by the Chief Inspector of Prisons, Charlie Taylor, about the dire state of our prisons in terms of the recruitment and retention of prison officers against the background of a crazy sentencing system which is calculated to confuse and confound.
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    45 min
  • Labour Goes To Denmark - And Why Are We Releasing Prisoners By Mistake?
    Nov 12 2025
    Is Shabana Mahmood’s proposed overhaul of immigration policies, modelled on Denmark’s stringent system, likely to go too far? As the Justice Secretary sends officials to Denmark to study its famously strict asylum rules, is there a danger that a tougher approach will simply risk the Labour party losing votes to the Greens and Crobyn on its left? Or might a less liberal approach save Labour from Reform UK? In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC provide expert legal commentary on political current events, such as the proposed immigration reforms and the accidental release of potentially dangerous prisoners from Wandsworth Prison. The Wandsworth incident underscores systemic issues in the UK’s prisons and sentencing system, problems exacerbated by austerity and huge budget cuts. To close out the episode, Tim makes a nod to American politics, discussing Trump’s potentially unlawful use of the International Emergency Economic Powers Act, and US Solicitor General D. John Sauer’s high-paced advocacy in the Supreme Court. —- 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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    38 min
  • Emily Thornberry and the Great China Spy Trial Mystery
    Nov 5 2025
    Ken Macdonald KC and Tim Owen KC are joined by Chair of the Foreign Affairs Select Committee, Dame Emily Thornberry, to discuss the evidence given to the Joint Committee on the National Security Strategy by key individuals involved in the decisions to prosecute and ultimately abandon the Chinese Spying case (R v Cash and Berry). In a highly unusual public examination of the collapse of a politically sensitive prosecution only weeks before it was due to commence, the Joint Committee subjected DPP Stephen Parkinson, First Treasury Counsel Tom Little KC, Deputy National Security Adviser Matthew Collins and Attorney General Lord Hermer KC to detailed cross examination over some 4 ½ hours with a view to understanding what had changed since the charging decision in April 2024 to make the case against Messrs Cash and Berry impossible to continue as the DPP and Tom Little claimed. Did the judgment in the Russian spy case (R v Roussev) handed down in July 2024 really make any difference to the DPP’s ability to present a case under the Official Secrets Act 1911? Given the clear and consistent evidence of China’s active threat to the safety and security of the UK during the indictment period as set out in Matt Collins’s three witness statements, why couldn’t a jury determine that China was in law “an enemy” for the purposes of the charge? And was Lord Hermer right to lay the blame for the collapse of the trial on the failure of the Conservative government speedily to replace the 1911 Act with an updated National Security Act as recommended by the Law Commission in 2017? -- 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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    45 min
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