Avsnitt
-
Last week two parallel Private Bills were introduced in the House of Commons and House of Lords by Baroness Stowell of Beeston and Sir John Whittingdale MP (https://bills.parliament.uk/bills/4163) with the aim of expanding the existing law to tackle so-called SLAPP litigation – Strategic Lawsuits Against Public Participation – defined by the Solicitors Regulation Authority as “a misuse of the legal system through bringing claims or threatening claims that are unmeritorious or characterised by abusive tactics in order to stifle lawful scrutiny and publication”.
To debate the justification for extending the existing law as set out in sections 194 and 195 of the Economic Crime and Corporate Transparency Act 2023 (currently limited solely to freedom of expression in relation to economic crime issues) Ken Macdonald KC and Tim Owen KC are joined by two media law Titans – Hugh Tomlinson KC and Gavin Millar KC – who have dramatically different views on the need for and practicality of anti-SLAPP laws.
Is it right, as the UK Anti-SLAPP Coalition argue, that the UK legal system tops the bill in terms of SLAPP suits (https://antislapp.uk/what-is-a-slapp/cases-in-focus/)?
Is the Stowell/Whittingdale Bill far too broad so as to enable fruitcakes, crackpots and loonies to seek the remedy of summary dismissal on the basis that what they are alleging, however absurd, is in the public interest? Are the costs protections in favour of media defendants far too generous and bound to interfere with a claimant’s right of access to the Courts? Is it appropriate for such a fundamental legislative measure to be enacted as a Private Member’s Bill, or is this classically a job for the Law Commission to consider and propose a carefully thought through legislative amendment to existing law?
Finally, Ken and Tim reflect on the resignation of Keir Starmer and consider whether Andy Burnham is likely to ditch the deeply unpopular proposals for jury reform in the Courts and Tribunals Bill, possibly with a new Justice Secretary replacing David Lammy.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
The last three episodes of Double Jeopardy covering the media ban on convicted murderer Jeremy Bamber, the Fordingbridge rape sentences and the murder of Henry Nowak have generated big audiences and plenty of comments and questions from listeners. And so in this week’s episode Ken Macdonald KC and Tim Owen KC respond to a range of listeners’ questions including – why bother to debate the rights and wrongs of the decision by the prison authorities to ban Bamber from all contact with the media given the numerous unsuccessful attempts he has made to overturn his convictions? Is it really necessary for a journalist to be able to have a face to face meeting with a prisoner when researching his/her claim to be a victim of a miscarriage of justice?
Should politicians stay out of sentencing decisions altogether or was it acceptable for Keir Starmer to express his personal view on the sentences meted out to the child rapists in the Fordingbridge case? Should a child convicted of an “adult crime” such as rape be treated as an adult in sentencing terms as the mother of one of the girl victims has publicly urged? (Since recording the episode we learned that the hearing of the Attorney General’s reference of the rape sentences to the Court of Appeal has been adjourned to 1-2 July.)
Ken and Tim also discuss the Report of the Justice Select Committee (which is highly critical of the Courts and Tribunals Bill on the basis its proposed reforms are being advanced without sufficient evidence, planning or formal response to Sir Brian Leveson’s Independent Review of the Criminal Courts) (Parliamentcommittees.parliament.uk/publications/53510/documents/298926/default). They anticipate the revival of the Assisted Dying Bill now that the MP who came second in the Private Members’ Bill ballot, Lauren Edwards, has announced she will promote it in the next Parliamentary session. And finally, the duo reflect on the judgment of the Court of Appeal upholding the Home Secretary’s decision to proscribe Palestine Action (JudiciaryHome Secretary -v- Huda Ammori - Courts and Tribunals Judiciary)
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
Saknas det avsnitt?
-
The bodycam footage released by the Hampshire Constabulary following the conviction of Vickrum Singh Digwa depicts the moments immediately following the stabbing by Digwa of 18 year old Henry Nowak in Southampton on 3rd December 2025. Influenced by Digwa’s lying claims that Henry had racially abused and assaulted him, officers treated Henry as a suspect rather than a victim and initially ignored his desperate claims that he had been stabbed before recognising the severity of his injuries, removing the handcuffs and attempting CPR.
Despite these efforts Henry died at the scene and the evidence of the pathologist at Digwa’s trial established that however quickly he received first aid, CPR or expert medical treatment Henry would not have survived.
The sentencing remarks of Judge Mousley KC (https://www.judiciary.uk/wp-content/uploads/2026/06/Digwa-Final-Sentencing-Remarks.pdf) following Digwa’s conviction, reveal a much fuller picture of events than can be gleaned from the brief bodycam footage but, as is usual in the social media age, they received precious little coverage in the furious debate that ensued following Nigel Farage’s call for people to respond with “pure, cold rage”.
To discuss the implications for UK policing and whether the Police Anti-Racism Commitment (https://www.npcc.police.uk/our-work/police-race-action-plan/police-anti-racism-commitment/) developed in the wake of the 2020 murder of George Floyd in the USA provides any explanation as to why officers responded as they did to the 999 call made by Digwa, Ken Macdonald KC and Tim Owen KC are joined by freelance criminal justice and policing expert Danny Shaw whose thoughtful article for the Institute for Government calls for considered and targeted government action rather than instant, ill considered policy reversals -https://www.instituteforgovernment.org.uk/podcast/inside-briefing/protests-politics-and-killing-henry-nowak
The trio finish by discussing the sentencing remarks, issued some two weeks too late, in relation to the sentencing of the 3 teenagers convicted of raping two young girls in Fordingbridge and the extent to which the Judge’s reasons provide a clear justification for the sentences he imposed - https://www.judiciary.uk/wp-content/uploads/2026/06/Case-No-44SC0053025-T20257005.pdf
Learn more about your ad choices. Visit megaphone.fm/adchoices -
The non-custodial Youth Rehabilitation Orders handed down by Judge Nicholas Rowland at Southampton Crown Court on 21st May 2026 on 3 teenage boys (aged 14 and 13 at the date of their crimes) for the gang rape of two lone girls aged 14 and 15 in Fordingbridge, Hampshire in 2024 and 2025 has triggered a major public outcry, generating public intervention by the Prime Minister and a decision by Attorney General Lord Hermer KC to refer the sentences to the Court of Appeal under the Unduly Lenient Scheme set out in s.36 Criminal Justice Act 1988 (Attorney general had 'no doubt' on reviewing teen boys' rape sentences). The hearing is listed on 16th June.
To discuss the very difficult sentencing issues generated by the case and the tension it reveals between diversion from the criminal justice system and rehabilitation of child/young offenders on the one hand and the needs of punishment, deterrence and public safety on the other, Ken Macdonald KC and Tim Owen KC are joined once again by Sarah Vine KC, a barrister with extensive experience of defending adults and children charged with rape and other serious sexual offences.
Bearing in mind the appalling conditions in and disastrous outcomes from detention in Young Offender Institutes such as Feltham (as revealed in the 2025 HM Inspectorate Report) as well as the clear priority set out in the Sentencing Council’s guidance on Sentencing Children and Young People that the focus on sentencing a child should be on rehabilitation “where possible” (https://sentencingcouncil.org.uk/guidelines/sentencing-children-and-young-people/) is it possible to argue that Judge Rowland’s sentences are radically out of line with sentencing principles to the extent that they represent a “gross error” on the basis they “fall outside the range of sentences which the judge, applying his mind to all relevant factors, could reasonably consider appropriate” (Attorney General’s Reference No 4 of 1989 [1990] 1 WLR 41) ? And do the interventions by Keir Starmer and Richard Hermer show that, despite their human rights backgrounds, they respond as typical politicians in the face of a populist demand to send more people, including children, to prison and for longer.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
Why has the Prison Service banned the convicted murderer Jeremy Bamber from any contact with the media, whether by letter, email, phone calls or face to face visits? And is such a ban lawful? Bamber was convicted in October 1986 of the cold-blooded murders of his adoptive parents, Neville and June Bamber, his adoptive sister Sheila Caffell and Sheila’s 6 year old twin sons Daniel and Nicholas, making him the UK’s most notorious living mass murderer.
Now in the 40th year of his whole life sentence, Bamber has consistently maintained his innocence via a high profile media campaign informed by regular contact with investigative journalists including, most recently, in Heidi Blake’s much lauded podcast series Blood Relatives (https://open.spotify.com/episode/7Lzwf8v7MaQdjijhvxaZhH). And Bamber’s most recent attempt to persuade the Criminal Cases Review Commission to refer his case to the Court of Appeal remains under active consideration some 24 years after his last CCRC reference was rejected by the Court of Appeal ( https://www.casemine.com/judgement/uk/5b46f2152c94e0775e7f20b6)
Against this background of regular contact with serious journalists concerned to assist Bamber’s continuing efforts to establish his innocence, Ken Macdonald KC and Tim Owen KC are joined by the award winning Guardian journalist Simon Hattenstone (@shattenstone) and former Brixton, Swaleside and Belmarsh prison Governor John Podmore (@John_Podmore) to discuss what appears to be a plainly unlawful decision by the prison authorities given the ruling of the House of Lords in the landmark 1999 judgment in R (Simms & O’Brien) v Home Secretary (https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd990708/obrien01.htm). Simon explains his communications with Bamber over the past 20 years and why he believes he may well be a victim of a gross miscarriage of justice. And John gives his bleak assessment of the mindset which may explain the thinking behind this attempt by the authorities suddenly to cut Bamber off from further contact with the media.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
After a year of political pressure from a growing number of Member States concerned to counter populist anti-ECHR rhetoric over asylum, illegal migration and deportation of foreign criminals, the 46 members of the Council of Europe issued the Chisinau Declaration on 15th May 2026 (https://www.coe.int/en/web/portal/-/council-of-europe-foreign-ministers-adopt-political-declaration-on-the-echr-and-migration). The Declaration targets the two articles of the ECHR most frequently deployed by migrants to halt deportations – the Article 3 absolute prohibition on torture and inhuman/degrading treatment and the Article 8 qualified right to respect for private and family life.
While the Declaration is a political document and not legally binding, it’s clear purpose is to exert pressure on the European Court of Human Rights and domestic courts to change course so that member States have greater freedom to circumvent previous human rights barriers, more easily deport/extradite foreign nationals and process asylum applications with less legal scrutiny by the Strasbourg Court.
In this week’s episode Ken Macdonald KC and Tim Owen KC discuss the politics behind the Chisinau Declaration and ask what practical effect it will have in terms of the altering the decision making of the European Court of Human Rights.
They also discuss the recent Judgment of the Court of Appeal in the controversial case involving an allegation of contempt of court against criminal defence barrister Rajiv Menon KC (https://www.judiciary.uk/wp-content/uploads/2026/05/Judgment-Rajiv-Menon-KC-CA-2026-000767-1.pdf?utm_source=substack&utm_medium=email) and debate whether, as the Independent Reviewer of Terrorism and State Threat Legislation and now the Government believes, Britain really needs more laws to tackle state-based security threats to the UK (https://terrorismlegislationreviewer.independent.gov.uk/wp-content/uploads/2025/05/19.5.25-State-Threat-and-Terrorism-report-1.pdf).
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
Is the Serious Fraud Office “on the ropes” as the headline in a recent Financial Times article declared? Was the former anti-corruption tsar Ken Clarke right in 2014 when he told SFO Director David Green that he had “always thought the SFO was a load of crap”? And if so, why is it that the UK is so poor at investigating financial crimes in comparison with other countries?
Does the recent announcement of SFO Director Nick Ephgrave’s early retirement, the collapse of the London Mining case, and the two-year postponement of the Patisserie Valerie trial provide yet more evidence that the SFO is a doomed organisation, ripe for merger into the planned new National Police Service?
To discuss the continuing problems that plague the SFO’s ability to be seen as a fearsome, fraud busting organisation, Ken Macdonald KC and Tim Owen KC are joined once again by leading financial crime Silk Ian Winter KC. The trio also debate the pros and cons of the Government’s proposal to do away with juries in “suitably technical and lengthy” fraud and financial crime cases and consider the implications of Supreme Court President Lord Reed’s call for more criminal appeals to be considered by the top court in the face of a concern that the Court of Appeal Criminal Division has for many years demonstrated institutional reluctance to certify points of law with the result that very few criminal appeals ever reach the Supreme Court.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
How far away is the reality of an artificial "legal brain” thanks to the extraordinary speed of developments in AI? With the CEOs of the key frontier labs (Anthropic, OpenAI, DeepMind) predicting that “lift off” (meaning the point at which AI is sufficiently autonomous to improve itself faster than humans can improve it) may be here within 1-2 years what are the implications for the law and the regulation of lawyers?
To answer these and other questions, Ken Macdonald KC and Tim Owen KC are joined by their Matrix Chambers colleague and AI/media law expert, Zoe McCallum. They discuss the extraordinary feud that has erupted in the USA between Anthropic and the Pentagon in the wake of revelations that Anthropic’s AI tool, Claude Opus, was used by the US Department of War to help plan and execute the kidnap of Venezuelan President Maduro in breach of Anthropic’s ethical “red lines” (no use of its products for autonomous weapons systems).
They also discuss Anthropic’s announcement that its most powerful model yet (Mythos) is “too dangerous to release” in light of its capacity to expose major flaws in every major operating system and web browser – a perfect gift to hostile States engaged in cyber-warfare.
Finally, the trio address the question – can an AI tool be liable for false and defamatory statements under the Defamation Act 2013? Indeed can AI even be said to hold an opinion?
Disclaimer: In this show we discuss some of the issues associated with use of recent AI models. Nothing in the show is intended to be specific advice or recommendation as to use. Listeners who are barristers are referred to the BSB’s guidance on the use of AI at https://www.barcouncil.org.uk/resource/updated-guidance-on-generative-ai-for-the-bar.html.
Judges are referred to https://www.judiciary.uk/guidance-and-resources/artificial-intelligence-ai-judicial-guidance-october-2025/.
And solicitors are referred to https://www.lawsociety.org.uk/topics/ai-and-lawtech/generative-ai-the-essentials.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
On 21st April, almost two months since the US launched Operation Epic Fury “to destroy Iranian offensive missiles, destroy Iranian missile production, destroy Iran’s navy and other security infrastructure” and “finally ensure that Iran will never have nuclear weapons”, the Office of the Legal Adviser to the State Department issued a detailed justification of the legality of the attack, asserting that the US “is acting well within the recognised contours of international law relating to the use of force and self-defence” (StateOperation Epic Fury and International Law - United States Department of State)
To discuss the State Department Opinion, issued in the name of Legal Adviser Reed D Rubinstein, Ken Macdonald KC and Tim Owen KC are joined by the highly distinguished American academic, Professor Rebecca Ingber of the Cardozo School of Law (Rebecca Ingber). An expert in international law, national security, foreign relations law and constitutional separation of powers, Rebecca served as the Counselor on International Law in the Office of the Legal Adviser at the State Department between 2021-2023 and she brings practical experience of government service and academic expertise to dissect the various strands of the State Department’s belated legal justification for the war against Iran. Does the theory of a “continuing armed conflict” between Iran and the US/Israel, possibly dating back as far as 1979, stand up to legal scrutiny so that there was no need for a fresh assessment of necessity/proportionality before attacking Iran on 28th February ?
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
With numerous former senior civil servants attacking Keir Starmer for his decision to sack Sir Olly Robbins – former Cabinet Secretary Lord Gus O'Donnell says the sacking “risks having a serious and sustained chilling effect on serving and prospective civil servants” - Ken Macdonald KC and Tim Owen KC examine the claim by those defending Robbins that he was forbidden by law from disclosing to Starmer even the bare outcome of Mandelson’s developed vetting process by UK Security Vetting.
Does - as previous FCDO Perm Sec Lord Simon McDonald has said - the Constitutional Reform and Governance Act 2010 and the terms of the Civil Service Code have the legal consequence that any disclosure to Ministers, including the Prime Minister, of any aspect of the developed vetting process is contrary to law? Or is this just an example of the Mandarin class being addicted to secrecy and control to the point that deprives Ministers of obviously relevant material for no clear legal reason?
Following on from last week’s episode with Kathleen Stock on the Assisted Dying Bill, Ken and Tim reflect on the briefing paper drafted by Humanists UK and My Death, My Decision which sets out the blatant efforts of 7 Peers to talk the Bill out in the Lords in full knowledge that were the House of Lords to be allowed to vote on it, the Bill would be passed - https://humanists.uk/2026/04/20/lords-assisted-dying-debate-transcript-is-longer-than-war-and-peace-filibuster-clear-and-obvious/#:~:text=Humanists%20UK%20and%20My%20Death%2C%20My%20Decision,the%20filibuster%2C%20and%20the%20final%20debate%20will.
Finally, Ken and Tim discuss the legitimacy and future of private prosecutions in the wake of a scathing judgment issued last week by Senior District Judge Goldspring at Westminster Magistrates' Court in response to an attempt by the International Centre of Justice for Palestinians to issue a summons alleging a breach of the Foreign Enlistment Act 1870 against a dual British-Israel citizen who had re-enlisted in the Israel Defense Force in October 2023 - https://www.scribd.com/document/1028546698/ICJP-v-A-judgment?utm_source=substack&utm_medium=email
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
With Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill apparently doomed to extinction thanks to the co-ordinated efforts of a handful of Peers determined to ensure it cannot complete scrutiny in the House of Lords, the future looks bleak for any form of assisted dying legislation to become law in the UK any time soon.
To discuss the arguments for and against the Leadbeater Bill, Ken and Tim – both supporters of some form of assisted dying legislation – are joined by philosopher and writer Kathleen Stock to discuss her new book Do Not Go Gentle, which is a vivid, fierce and, at times, angry secular polemic against a state-assisted death service, regardless of the circumstances of those who may wish such assistance.
Stock argues that state-sanctioned assisted dying is a “moral disaster” against which we should rage rather than a liberal, progressive development. Resting her thesis on the idea that the “right to die” is a hollow concept that creates more harm than freedom, Kathleen challenges the illusion of autonomy that she says underpins the thinking of those who support assisted dying and warns of the slippery slope that inevitably, she says, expands the criteria from those with a terminal diagnosis to include chronic pain, disability, and those struggling with mental health issues.
In a lively debate, Ken and Tim challenge Kathleen’s description of the campaign for the Leadbeater Bill as a “hobby horse of the comfortable and the rich who have a fear of death and believe they have a right to control when they die”, and argue that the experience of countries which have had assisted dying legislation on the statute book for many years does not support her dystopian view of the UK once state-assisted dying is lawful in some, albeit limited, circumstances.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
On 19th March 2026 the Chief Inspector of Prisons issued an Urgent Notification placing Woodhill Prison into special measures (https://hmiprisons.justiceinspectorates.gov.uk/hmipris_reports/hmp-woodhill-urgent-notification-2/).
On the same day he published a truly shocking report into HMP Swaleside (https://hmiprisons.justiceinspectorates.gov.uk/hmipris_reports/hmp-swaleside-5/), another jail in the long-term high secure estate holding some of the most dangerous men in the country.
Coming less than 18 months after an Urgent Notification was issued at HMP Manchester, the Inspectorate’s findings reveal a disturbing, indeed shameful, picture of systemic failure and loss of control in UK prisons.
To discuss the role and work of the Prisons Inspectorate and his recent Reports into Woodhill, Swaleside and Manchester prisons, Ken Macdonald KC and Tim Owen KC are joined by His Majesty’s Chief Inspector of Prisons, Charlie Taylor, for a wide-ranging discussion on the truly dreadful state of our prison system.
How is it possible that in supposedly high-secure prisons, “very high levels of violence affect every aspect of prison life” and “drug taking is rife with drones regularly bringing contraband, including knives, into the jail” as the Swaleside Report found?
What does it say about the ability of the Ministry of Justice to manage our prison system that wings at Swaleside are “filthy with too many cells in a poor state of repair with widespread graffiti, fire damage, broken furniture, dilapidated flooring and showers that are dirty, mouldy and poorly maintained”? Why is it impossible for the Prison Service to recruit and retain experienced staff to manage the volatile and complex population of the long term estate?
With these prisons failing in their core functions as training prisons, with too many men with nothing to do all day and activities that might improve employability on release having ceased due to cuts to education provision, what hope is there that any prisoner will emerge better than when they began their sentence?
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
The 2026 US/Israel war against Iran is a rapidly evolving, multi-front war. What started as a massive joint air campaign (Operation Epic Fury) and involved the execution of Ayatollah Ali Khameini and some 40 other senior Iranian leaders and key military commanders has expanded into a regional confrontation involving cyber warfare, energy blockades and direct missile exchanges without any current sign of an uprising by the Iranian people to topple the Islamic Republic of Iran. The Hormuz Straits remain effectively closed to Western-aligned commercial traffic, creating a looming crisis of global economic disaster.
Following their discussion with Shadow Attorney General Lord Wolfson KC in the 4th March episode on the legality of the initial US/Israel attack on 28th February 2026, Ken Macdonald KC and Tim Owen KC are joined once again by LSE Professor of International Law, Devika Hovell, to continue the debate on the international law issues generated by the Iran War.
What are the international law rules which govern the use of force by States as established in the 1837 Caroline Criteria and the UN Charter? To what extent have those rules developed to reflect the reality of a nuclear threat represented by a rogue State actor such as Iran? Has the “imminence” test inherent in the justification for anticipatory self-defence developed so as to permit an attack from the moment a hostile actor acquires the capability to destroy you using nuclear weapons rather than when they actually push the button? And is Trump’s threat to obliterate Iran’s power generation system a threat to commit a war crime, with obvious implications for the UK’s continued willingness to permit the US to use UK bases for bombing raids on Iran?
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
With world events continuing to dominate the domestic news agenda, Ken Macdonald KC and Tim Owen KC respond to a range of listeners’ questions generated by recent episodes.
What explains the huge gap which has emerged between the broad consensus among international lawyers that the US/Israel attack on Iran was illegal and the mild or even supportive reactions given to Operation Epic Fury by many States? Ken and Tim respond to the many questions from listeners who disagreed with Shadow AG Lord Wolfson KC’s confident assertion that the attack was both legally and morally justified and debate the thoughtful article by Professors Yuval Shany and Amichai Cohen which argues that the move towards the “illegal but legitimate” justification presents a grave challenge to the Rules Based International Order - https://www.justsecurity.org/133292/international-law-crossroads/
What is the legal basis for restricting public comments on the active police investigations into allegations of misconduct in public office by Peter Mandelson and Andrew Mountbatten-Windsor and how can such comments be said to prejudice an investigation as opposed to an actual trial?
Has the UK become too much of a “lawyerly” society and to what extent does the culture of legalism, process and institutional caution hold back policy making and ultimately economic growth? Ken and Tim discuss the expansion of judicial review and the link to populist disillusion with the rule of law.
Finally, the duo reflect on the Second Reading Vote on the Courts and Tribunals Bill and Ken questions why the Government hasn’t opted to extend the Scottish system, whereby it is the prosecutor fiscal who holds the exclusive power to determine mode of trial, to England and Wales.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
Undaunted by near unanimous opposition from the legal profession, the Government last week published the Courts and Tribunals Bill which, if enacted, will mean that roughly half of cases currently tried by juries will be decided either by magistrates or a single Crown Court Judge. And to discuss the content and implications of the bill, Ken Macdonald KC and Tim Owen KC are joined by the Chief Executive of JUSTICE, Fiona Rutherford who, in a previous life, was the Director of Access to Justice Policy at the Ministry of Justice as well as holding other frontline policy roles in the criminal justice sector.
Given David Lammy’s denunciation of previous Conservative Government proposals to limit jury trial in a series of 2020 tweets – “the opportunity to be judged by 12 peers is vital to prevent bias and ensure justice”, “the right to trial by your fellow citizens is fundamental to our democracy. It would be wrong of the government to abandon this valuable tradition for short-term benefit” – how on earth is he the right person to advocate such radical measures to undermine our system of trial by jury in all triable either way cases where the sentence can be up to three years imprisonment? In light of Lammy’s 2017 Independent Review into the treatment of BAME individuals in the criminal justice system, on what basis does he now believe that forcing more defendants to face trial by an unrepresentative body of lay Magistrates will be a fairer way of delivering justice?
And what lies behind the Courts Minister’s sudden awakening to the idea that abandoning trial by jury for a vast swathe of cases will actually be fairer for everyone as a matter of principle and that she would be advocating in favour of the reform proposals even if there was no Crown Court backlog? Finally, as the House of Commons begins its Second Reading of the Courts and Tribunals Bill, Ken, Tim and Fiona consider the prospects of another government U-turn in the face of reports of growing Labour backbench concern that the Lammy reform package will damage Labour’s commitment to justice and fairness without actually tackling the endemic problems which are the cause of the backlog.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
With Operation Epic Fury, the US/Israel attack on Iran, triggering reprisals by Iran that risk the stability of the entire Gulf Region, what are the shifting international law justifications for the initial attack? And was the Starmer/Hermer explanation for the UK’s cautious approach to involvement in “offensive” action an example of weakness or wise restraint?
To answer these and other questions Ken Macdonald KC and Tim Owen KC are joined by the Shadow Attorney General, Lord David Wolfson KC, who attacked the Prime Minister’s statement explaining why the UK did not participate in the US/Israel attack on Iran as “pusillanimous”, a “mark of shame” and an “amoral evasion dressed up as legal principle” (https://x.com/dxw_kc/status/2028087017892970696?s=43).
Ken and Tim press David on his certainty that the US/Israel attack is fully justified as a matter of international law by reference to the principle of collective self-defence, the need to take proportionate action to avert continued attacks on UK bases and to prevent Iran from implementing its genocidal intentions against Israel. Given William Hague’s support for the Starmer approach and the disastrous history of the Iraq war, should all politicians and those who advise them not recognise the need for extreme caution before lining up behind Trump and Netanyahu?
In a world dominated by Presidents Trump, Putin and Xi, each of whom regard international law as a meaningless irrelevance, Ken and Tim ask David whether he agrees with Marco Rubio’s statement that the rules-based international order has to be jettisoned as “a fantasy” and a “dangerous delusion” and what are the limits of his support for US/Israel actions in the Middle East.
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
Is Misconduct in Public Office “one of the most notoriously difficult offences to define in England and Wales” as the Law Commission observed in its 2020 Report into the history of the offence? And what reforms are needed for it to satisfy 21st century requirements of legal certainty according to the Commission’s conclusions ?
To answer these and other questions, Ken Macdonald KC and Tim Owen KC are joined by the former Criminal Law Commissioner and distinguished Professor of Criminal Law, Jeremy Horder, who, in addition to being the current editor of Ashworth’s Principles of Criminal Law, is also the author of the leading academic text on misconduct in public office (https://academic.oup.com/book/2405/chapter-abstract/142612568?redirectedFrom=fulltext)
The trio analyse the elements of the offence and its 18th century origins, debate the risk of the offence being seen to be a “political” weapon in a prosecutor’s armoury and reflect on how the charge has frequently been deployed in Hong Kong against holders of low and high office alike (see for example) https://legalref.judiciary.hk/lrs/common/ju/loadPdf.jsp?url=https://legalref.judiciary.hk/doc/judg/word/vetted/other/en/2023/CACC000168B_2023.docx&mobile=N
This episode was recorded on 24/2/26 before the announcement of the arrest of Peter Mandelson on suspicion of misconduct in public office.
In anticipation of the announcement by Justice Secretary David Lammy of the government’s legislative plans to tackle the Crown Court backlog, Ken and Tim repeat their invitation to Courts Minister Sarah Sackman MP to join them on Double Jeopardy to debate the controversial plan to abolish the right to trial by jury for a vast array of crimes and for her to explain why she believes the reforms are justified as a matter of principle and can fairly be retrospective in effect.
Finally, they reflect on the US Supreme Court’s 6-3 ruling in Learning Resources, Inc v Trump (https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf), the Tariffs case which appears to show that even for hitherto avowed Trump loyalist Judges there are Executive Orders they won’t countenance.
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
Why did the High Court quash the Home Secretary’s decision to proscribe Palestine Action as a terrorist organisation? And what are the prospects of the Home Secretary winning on appeal?
With Ken Macdonald KC refraining from public comment on public order/protest issues while he leads the independent review commissioned by Shabana Mahmood into existing public order and hate crime legislation, Tim Owen KC is joined by freelance criminal justice and policing expert Danny Shaw to discuss the background to Yvette Copper’s June 2025 decision to proscribe Palestine Action and the reasoning which led the High Court to conclude that the proscription decision was unlawful both on the basis it was made in breach of the published policy governing terrorist proscription as well as being a disproportionate interference with freedom of expression and the right to assembly under the ECHR.
See here for a link to the Judgment https://www.judiciary.uk/judgments/huda-ammori-v-secretary-of-state-for-the-home-department-3/
See also Professor Mark Elliott’s commentary on the prospects of a successful appeal - https://publiclawforeveryone.com/2026/02/13/the-high-courts-judgment-in-the-palestine-action-case/
Tim and Danny also discuss Shabana Mahmood’s radical proposals to reorganise policing in England and Wales and examine why the former Home Secretary Yvette Cooper was opposed to the “distraction” of major policing reform.
Finally they reflect on the scathing critique contained in the Public Accounts Committee’s January 2026 Report into the Ministry of Justice’s March 2022 decision to commit to spending £4m a year of taxpayer’s money on HMP Dartmoor (an empty prison that it cannot use due to contamination by radon gas) at a time when the permanent secretary was Dame Antonia Romeo.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
The second Part of Sir Brian Leveson’s Independent Review of the Criminal Courts was published last week but largely overlooked in light of the Mandelson scandal.
In this week’s episode Ken Macdonald KC and Tim Owen KC are joined by Sir Brian to discuss the details of his mammoth, Part 2 Report and to get his response to the very strong criticisms from both the legal profession, the judiciary and politicians from all sides to his first Report on jury reform.
Sir Brian’s Second Report covers a vast range of issues which, if enacted in full, certainly do have the potential to achieve radical change in the way our criminal justice system functions. His recommendations include the creation of a Criminal Justice Adviser to the Prime Minister with the aim of co-ordinating a single vision for the currently fragmented criminal justice agencies (police, courts service, CPS and prisons); a National Listing Framework to reduce the number of ineffective hearings; the setting up of remote hearings by default for preliminary hearings in the Crown Court and first hearings in the magistrates courts to reduce travel to and from court centres; vastly increased use of AI for case management; legal aid reforms and numerous other significant changes to promote increased efficiency.
Are Sir Brian’s recommendations really new?
And what are the chances of the Government embracing them in full, as he urges them to do, alongside increased funding for the justice system and implementation of the structural reforms to jury trial explained in his first Report?
For anyone interested in reading the full report, click here...
https://www.gov.uk/government/publications/independent-review-of-the-criminal-courts-part-2
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices -
What is the future of anti-SLAPP laws in the UK? And what are the implications of the recent High Court Judgment in Hurst v Solicitors Regulation Authority (https://www.judiciary.uk/wp-content/uploads/2026/01/082-Hurst-v-SRA-002.pdf)in which the SRA was heavily criticised for holding that the experienced Osborne Clarke media solicitor, Ashley Hurst, was guilty of professional misconduct on the basis that he had wrongly attempted to deter tax campaigner Dan Neidle from publishing allegations of dishonesty over his tax affairs against former Chancellor of the Exchequer, Nadim Zahawi?
Ken Macdonald KC and Tim Owen KC discuss the issues with distinguished media lawyer Gavin Millar KC who explains why he and other media lawyers and organisations are pressing the Government to include a universal anti-SLAPP law in the next King’s Speech.
Ken and Tim go on to discuss the extraordinary efforts by a small group of members of the House of Lords to block the Terminally Ill Adults (End of Life) Bill by endless amendments which have no hope of being debated before the April deadline when the Lords must vote on it. They explain the threat to invoke the Parliament Act 1911 as a means of guaranteeing that the Bill becomes law and the constitutional implications of the Lords being seen to frustrate the will of the House of Commons.
Finally, the duo summarise Sir Brian Leveson’s reply to critics of his jury reform recommendations as set out in his Sunday Times comment piece and they speculate on why the Government is finding it impossible to appoint anyone to Chair the Judicial Appointments Commission as it faces a heavy workload in light of recent retirements of a number of senior Judges, including the Master of the Rolls.
--
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.
Learn more about your ad choices. Visit megaphone.fm/adchoices - Visa fler
