Double Jeopardy - UK Law and Politics

• David Gauke: Solving the UK Prison Crisis

  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.

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• State Threats and Subversion: Keeping UK Politics Clean

  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.

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• 100th Episode of Double Jeopardy - Terminating the Cruelty of Victorian Era Abortion Laws: The Campaign to Decriminalise Abortion Across the UK

  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.

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• Debating the Rule of Law in the UK: Hermer versus Wolfson

  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.

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• Reforming Criminal Appeals and Righting the Wrongs of UK Justice

  Given the gross miscarriages of justice exposed by the Post Office/Horizon scandal, the extraordinary delay in reversing the wrongful conviction of Andrew Malkinson due to repeated failures by the Criminal Cases Review Commission and the continuing calls for the case of Lucy Letby to be referred back to the Court of Appeal, is the criminal appeal system in need of fundamental reform?   Connecting the dots between recent events, and the health of criminal justice in Britain is Professor Penney Lewis who joins Ken Macdonald KC and Tim Owen KC to explain, in accessible terms, insider legal perspectives on topics such as the basis on which the Court of Appeal decides whether a criminal conviction is unsafe; the admissibility of fresh, post-trial evidence;  the need for reform of juror secrecy; compensation for the wrongly convicted; and whether the Supreme Court should be able to decide for itself whether to entertain an appeal from the Court of Appeal (Criminal Division).    Link to the Law Commission’s Summary of its Consultation Paper on criminal appeals:  https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/54/2025/02/Criminal-Appeals-CP-Summary.pdf   Penney Lewis was formerly Professor of Law and Co-Director of the Centre of Medical Law and Ethics in the Dickson Poon School of Law, King’s College, London and is currently the Criminal Law Commissioner of the Law Commission of England and Wales.  The Law Commission is currently consulting on reforms to the law governing criminal appeals including the tests applied by appeal courts and the Criminal Cases Review Commission, post-trial retention of and access to evidence, and compensation and support for the wrongly convicted.    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.

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