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Double Jeopardy - UK Law and Politics

Ken Macdonald KC and Tim Owen KC
Double Jeopardy - UK Law and Politics
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  • Is Our Government Any Good? Palestine Action, Shabana Mahmood, and Foreign Prisoners in UK Jails
    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.
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  • LIBOR, Farage’s Cure for Lawless Britain, and Palestine Action in the Dock: UK Justice Goes on Trial
    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.
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  • Super Injunctions, Afghanistan, and UK Law
    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.
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  • Sir Brian Leveson and Criminal Justice: A Requiem For Jury Trials in England and Wales?
    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.
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  • Lucy Letby: Will She Waive Privilege as UK Prosecutors Widen the Net?
    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.
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About Double Jeopardy - UK Law and Politics

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 [email protected].

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