Double Jeopardy - UK Law and Politics

Episoder

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  James Orr: The Politics of Weirdness. Plus the Demise of Assisted Dying, Never Ending Public Inquiries, and Hermer’s Legacy Undone 16.09.2026 48min

  In the wake of the Metropolitan Police’s announcement that it’s Special Enquiry Team has expanded its criminal investigation into donations made to Reform UK by Fiona Cottrell, the mother of “Posh” George, to include suspected breaches of foreign funding laws based on the Verbatim/C4 undercover sting operation, Ken Macdonald KC and Tim Owen KC focus on the rise and fall of Dr James Orr, the former Reform UK Head of Policy - or “contractor” as he was contemptuously described by Nigel Farage soon after Orr was indefinitely suspended from the Party.  Just how clever is the Associate Professor of Philosophy of Religion in the Cambridge Faculty of Divinity and the man known as “Farage’s Brain”?  And is he as weird as High Anglican Tory AN Wilson has claimed? Ken and Tim then discuss the potential for the £72m donations to Reform UK made by Thailand based Christopher Harborne and crypto currency businessman Ben Delo to be reversed when the retrospective provisions of the Representation of the People Bill 2026 come into force.  Can we anticipate the delicious prospect of Reform relying on the European Convention on Human Rights to argue that UK law is incompatible with the right to peaceful enjoyment of property? The duo turn next to debate the defeat of the second attempt to legislate for some form of Assisted Dying legislation in the UK and reflect on the shameful, anti-democratic, filibustering tactics deployed by 7 Peers which meant that the June 2025 House of Commons’ vote in favour of the Leadbeater Bill was frustrated. They go on to express astonishment and concern at the apparently never ending Undercover Policing Inquiry which is due to lose its second Inquiry Chair, Sir John Mitting, next year some 12 years after it began. After costing £137m, is it time to pull the plug? And finally Ken and Tim reflect on the new legal risk guidance issued by Attorney General Ellie Reeves KC which reverses the previous guidance issued by Lord Hermer KC (https://www.gov.uk/government/publications/guidance-attorney-generals-guidance-on-legal-risk--2). Does it undermine the rule of law and what political signal does it send? -- 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 i Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices
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  Inside the Reform UK Undercover Investigation: First Interview with Verbatim’s Legal Advisor 09.09.2026 41min

  Is the Verbatim Investigations/C4 film which shows senior (now ex) Reform UK officials apparently engaged in procuring illegal foreign donations to the Party a “hoax”, as Nigel Farage and Robert Jenrick have claimed, or a brilliant example of investigative journalism in the public interest (https://www.youtube.com/watch?v=aXut3s90rUI)? And did the undercover operation breach journalistic ethics by crossing the line into “entrapment”, or did the evidence captured on film simply reveal the willingness of Reform’s former Head of Policy, James Orr, and senior aide to Farage, Dan Jukes, to operate an “off the books” illegal donation scheme? What specific criminal offences under UK law are apparent from the broadcast footage and what defences might be run in he event of criminal charges? And is major Reform UK donor Aaron Banks right to say that the public “don’t give a rat’s arse” about the behaviour of Orr, Jukes and Farage as revealed by Verbatim’s investigation? To debate the fascinating issues generated by the C4/Verbatim sting operation on Double Jeopardy, Tim Owen KC is joined by electoral and media law expert Gavin Millar KC who acted as legal advisor to Verbatim during the year-long undercover operation. In his first public interview since the documentary was published, Gavin explains the ethical principles which guide this kind of investigation, the criminal offences set out in the Political Parties, Elections and Referendums Act 2000 and the difference between the role of a journalist as opposed to that of the police when investigating potential wrongdoing by politicians. The duo discuss the weaknesses in current electoral law and the limited powers of the Electoral Commission to tackle dodgy financial dealings by political parties. -- 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 i Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices
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  The Prisoner Release Scheme: Lurching From One Crisis to Another? Plus The Fatal Immorality of Mark Zuckerberg. 02.09.2026 40min

  The failure of successive Conservative governments to build sufficient prison capacity to accommodate the growing prison population handed Labour a criminal justice crisis which demanded urgent action. In enacting the Sentencing Act in January 2026, Parliament approved the "earned progression" model recommended by the Gauke Sentencing Review which held out some hope of long term relief from the perma-crisis afflicting our penal system. But in the face of sustained media pressure concerning the release of the killers of PC Harper, Andy Burnham's first major policy decision as PM has been to water down the release scheme in a way guaranteed to sustain the very crisis which the 2026 Act was crafted to resolve (https://www.gov.uk/government/publications/sentencing-act-offence-exclusions). For expert legal commentary on the depressing statement delivered to Parliament on 1st September by Labour's third Lord Chancellor in 2 years and its implications for UK law and current political events, Ken Macdonald KC and Tim Owen KC are joined on Double Jeopardy by the Institute for Government's Associate Director, Cassia Rowland. Why did former Justice Secretary, David Lammy, not prepare the public for the coming into force of the Sentencing Act's release provisions with the result that the summer media frenzy over the release of PC Harper's killers caused Burnham to abandon key features of the early release scheme? What hope is there for achieving a long term reduction in our use of imprisonment if politicians simply collapse in the face of media stories linked to high-profile legal cases? Ken and Tim also discuss the $17 billion settlement agreed on 26th August between Meta and US States in the federal child safety lawsuit alleging that Meta designed its apps (Facebook and Instagram) to be addictive to children and knew about the risks those platforms posed but hid that information from the public. Finally they discuss the alarming implications of the US government's decision to designate Palestine Action as a Specially Designated Global Terrorist organisation in terms of its impact on freedom of expression and on any persons convicted in the future of a Terrorism Act offence related to supporting PA. --   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 i Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices
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  Re-Release | David Gauke: Solving the UK Prison Crisis 26.08.2026 44min

  With co-hosts Ken Macdonald KC and Tim Owen KC travelling in widely separated time zones, it’s proved impossible to record the weekly episode as normal. But rather than skip an episode altogether we thought that with Parliament due to return next week and with the new Lord Chancellor Alex Norris due to announce major changes to the early release provisions of the Sentencing Act 2026 as a result of public fury at the prospect of the killers of PC Harper benefiting from the scheme, our audience would appreciate a chance to listen (or re-listen) to the 4th June 2025 episode when our guest was David Gauke, the former Conservative Justice Secretary 2018/19. It was the report produced in May 2025 by Gauke’s Independent Review of Sentencing which formed the basis for the (now much reviled) early release provisions of the Sentencing Act - provisions which mark a fundamental change in sentencing policy and which were enacted by Parliament in order to address the deep crisis of prison capacity resulting from the deadly combination of a total failure by consecutive Conservative governments to build sufficient new prison places over the fifteen years they were in power and an ever expanding prison population. In our discussion with David, he explained how his recommendations for what were, in reality, very limited changes to our overly complex, messy and confusing sentencing systems were intended to reduce our use of short custodial sentences, ease the pressure on our overcrowded, collapsing prison system while boosting investment in community penalties and a reinvigorated probation service. With the prospect now of Andy Burnham flinching at the first sign of populist revulsion at the idea of prisoners convicted of violence being granted early release after serving only a third or half of their sentences, our discussion with David Gauke provides helpful context for the next round of political debate around the apparently never ending crisis that afflicts our penal system. It is a salutary reminder of the political challenges that face any government seeking to wean a nation away from a relentless belief that locking people up for years in conditions which make rehabilitation impossible is a sensible use of public money. -- 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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  Listeners’ Postbag: Releasing PC Harper’s Killers, New Ministers, and the French Way of Dying 19.08.2026 35min

  Andy Burnham’s decision to pause the emergency early release scheme in order to ensure that the killers of PC Andrew Harper do not benefit from it, is an act of political desperation given the data showing that the UK prison system is at bursting point and can't cope with the rising prison population without a significant, rapid reduction in those currently imprisoned (https://www.instituteforgovernment.org.uk/explainer/prison-early-release-scheme). It also demonstrates a grave lack of political judgment by former Justice Secretary David Lammy in failing to anticipate the inevitable public outcry that the scheme would trigger given the range of offenders whose automatic release dates would be significantly advanced at a time when the necessary public protection measures were woefully inadequate. To understand the implications for UK law and politics and the rule of law of this latest illustration of the disastrous state of our criminal justice and prison system, Ken Macdonald KC and Tim Owen KC debate the exquisite dilemma which confronts Burnham and his new, inexperienced Lord Chancellor Alex Norris, and pose some basic questions to those urging the abandonment of the early release scheme save in relation to those serving sentences for minor crimes. Given the disastrous record of successive Conservative governments in starving the UK criminal justice system of resources, doing nothing to reduce sentence lengths while failing to build more prison capacity, what was the Labour government expected to do as the prison system became overwhelmed? And what are the prospects of any government communicating a consistent, effective message on the need to reduce our use of imprisonment when Justice Secretaries and Prisons and Probation Ministers rarely last more than a year in office? Ken and Tim then turn to answer some listeners’ questions on a range of issues including Andy Burnham’s call for a codified written UK constitution; whether sentencing guidelines should be amended to reflect the time that will actually be served in custody; and the implications for UK law and politics of France becoming the latest European country to legalise assisted dying. -- 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
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  Making Sense of Murder: The Law Commission Proposes Radical Reforms to UK Homicide Law 12.08.2026 36min

  The Law Commission for England and Wales is currently consulting on reform of the antiquated common law of homicide (murder and manslaughter) with a view to addressing long-standing criticisms that the current legal system is outdated, overly complex and fails accurately and fairly to distinguish between varying degrees of culpability (https://lawcom.gov.uk/project/law-of-homicide/). On Double Jeopardy, Ken Macdonald KC and Tim Owen KC provide expert legal commentary on the implications for UK law and politics of fundamental change to homicide law and sentencing in discussion with the Law Commissioner for Criminal Law, Professor Penney Lewis. How many people realise that a person can be convicted of the substantive offence of murder on the basis of an intent merely to cause serious injury whereas the offence of attempted murder requires proof of a specific intention to kill? Will the Law Commission's proposal to replace the current two-tier system with a structured three-tier hierarchy of general homicide offences (first degree murder, second degree murder and manslaughter) make it easier for the public to understand why the mandatory life sentence is reserved for the most serious homicide offences? Should a jury continue to define for itself what degree of carelessness amounts to the serious crime of gross negligence manslaughter? And should the understandable grief and rage of the relatives of victims of homicide influence the difficult charging decisions that the Crown Prosecution Service must make in those cases where mental illness obviously explains the homicidal motive? Ken and Tim are then joined by former Court of Appeal Judge and President of the Kalisher Trust, Dame Anne Rafferty, to celebrate the 30th anniversary of the Kalisher Trust which has, for the last three decades promoted social mobility, diversity and excellence at the Criminal Bar (https://www.thekalishertrust.org/).   --   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 o 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 i Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices
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  Andy Burnham, Law and UK Justice: What’s in Store? 29.07.2026 40min

  The Burnham purge of the Cabinet has resulted in radical personnel changes in the Ministry of Justice and among the Law Officers, with the departures of David Lammy, Lord Hermer KC, Baroness Levitt KC and Lord Timpson. Their replacements are all less experienced legally and politically, less well known and consequently lacking in political weight. To discuss the implications of these developments for UK law and politics, the rule of law, sentencing and prisons policy, Double Jeopardy hosts Ken Macdonald KC and Tim Owen KC are joined by regular guest Danny Shaw, a former BBC journalist and expert on criminal justice, policing, security and immigration. Who is the new Lord Chancellor, Nottingham MP Alex Norris, and what message does his appointment send to lawyers, the judiciary and the public, when a person with no previous Cabinet experience or legal qualification was the last Cabinet appointment to be announced by Andy Burnham? Was he appointed because more senior people with Cabinet experience turned down the chance to be Lord Chancellor? If so, what does that say about the long-term demise of a once great Office of State, when the Lord Chancellor is the least experienced member of the Cabinet? What does the unexpected resignation of Lord Timpson say about the prospects for penal reform in the UK? He is replaced by the 15th Prisons Minister since 2010, Catherine McKinnell MP, someone with no relevant knowledge or experience in this uniquely difficult area of prisons and sentencing policy.   The trio also discuss Andy Burnham’s decision, three days after taking office, to pause the statutory early release scheme due to come into force on 2 September. The decision followed a media onslaught focusing on the grief and rage of PC Harper’s widow at the prospect of her husband’s killers being released halfway through their determinate sentences instead of at the two-thirds point. Is this an example of Burnham’s wish to be popular rather than make tough decisions?   --   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 politica 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 i Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices
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  Losing Control of AI Under Trump: Will the EU Fight Back? Plus the Court of Appeal Turns on the Attorney General 22.07.2026 47min

  In this episode of Double Jeopardy, the 12th June decision of the Trump administration to issue an export control directive forcing AI giant Anthropic to suspend access to its new AI tool Fable 5 "by any foreign national including one in the USA" on the basis of national security concerns triggered a huge current affairs debate in the EU about AI sovereignty, with former French PM Attal likening the shutdown to Iran's blockade of the Strait of Hormuz. To offer expert legal commentary on the implications of Trump's approach to AI and cyber-security for UK law and UK politics as well as the broader EU landscape, Ken Macdonald KC and Tim Owen KC are once again joined by their Matrix chambers colleague, AI expert and media/data law barrister Zoe McCallum. The trio also discuss the breakneck speed of developments in AI in terms of its impact on the legal system and the delivery of justice in the UK. They examine the significant recent contributions to this debate by Supreme Court Justice Lord Briggs (https://supremecourt.uk/speeches/speech-lord-briggs-200526) and Dame Victoria Sharp, whose speech addresses judicial independence past, present, and future (https://www.judiciary.uk/speech-by-the-president-of-the-kings-bench-division-without-fear-or-favour-judicial-independence-past-present-and-future/).   Ken and Tim then shift to discuss the extraordinary Judgment handed down by the Court of Appeal on 17th July, presided over by Lady Chief Justice Carr, which contains an unprecedented criticism of the (now former) Attorney General Lord Hermer KC in relation to his public comments following his decision to refer the sentences of the 3 children convicted of rape in Fordingbridge under the Unduly Lenient Scheme (https://www.judiciary.uk/wp-content/uploads/2026/07/Approved-Follow-On-Judgment-R-v-X-Y-Z-2026-EWCA-Crim-913.pdf). This episode was recorded before Andy Burnham announced the appointment of the new Justice Secretary and Attorney General - Ken and Tim will give their views on Alex Norris and Ellie Reeves KC in next week’s episode. --   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 i Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices
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  Prince Harry versus The Daily Mail: Whitewash or Fiasco? 15.07.2026 36min

  Reaction to the damning judgment handed down by Mr Justice Nicklin on 7th July (https://www.judiciary.uk/judgments/lawrence-and-others-v associated-newspapers-limited/) dismissing the privacy and unlawful information gathering claims brought by Prince Harry and six other well known individuals against the Daily Mail publishers has been sharply divided. In an extraordinary, potentially reckless statement, given that Nicklin is due to decide the issues of costs later this month, Prince Harry condemned it as "a complete and obvious whitewash", questioning the objectivity and fairness of the Judge while Associated Newspapers welcomed the judgment as "a magnificent vindication" of the freedom of the press and its journalists. For expert legal commentary on why the claimants lost, Ken Macdonald KC and Tim Owen KC are joined once again by the leading media barrister Gavin Millar KC, who regularly acts for the media in high profile legal cases. Why did the Judge reject each and every claim despite the Daily Mail admitting it had regularly recruited third party investigators with previous form for phone hacking, "blagging" and other unlawful conduct to assist its journalists in their stories? How could the claimants' legal team have got things so badly wrong? Is the Judge's approach to "propensity" evidence and the strict demand for article-by-article proof, appealable? Ken and Tim then answer some listeners' questions about last week's episode with Dame Vera Baird KC and the current state of the CCRC, a recurring theme in our legal commentary on the criminal justice crisis, before ending with a tribute to the great former Lord Chancellor, Lord Mackay of Clashfern who died on 7th July 2026 at the age of 99. --   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 o 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
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  When Justice Goes Rogue: Can the Criminal Cases Review Commission do its Job? 08.07.2026 51min

  The Criminal Cases Review Commission (CCRC) is a vital cog in the UK legal system but both before and after the catalogue of failures in handling of the Andrew Malkinson case were laid out in great detail in Chris Henley KC’s 2024 Report (https://cdn.websitebuilder.service.justice.gov.uk/uploads/sites/5/2024/10 henleyreport.pdf) it was widely regarded as an institution in permanent crisis, badly managed and apparently incapable of fulfilling the goals which lead to its creation via the Criminal Appeal Act 1995 in the wake of a series o high profile legal cases and miscarriages of justice. In this week’s episode Ken Macdonald KC and Tim Owen KC are joined by the Chair of the CCRC, Dame Vera Baird KC, for expert legal commentary and  ask why she took on the job in 2025 following the resignation of the much criticised former Chair, Helen Pitcher, and whether she is optimistic that she can turn the organisation around despite the numerous structural flaws identified in the recently published Report by His Majesty’s Crown Prosecution Service Inspectorate (https://hmcpsi.justiceinspectorates.gov.uk/report/criminal-cases-review commission-casework/). Does the baleful legacy of remote working contracts – which means that almost all the CCRC’s staff work from home rather than in its Birmingham office – represent a fundamental obstacle to reforming the dysfunctional work environment exposed by the HMCPSI Report? Does the CCRC have enough people with criminal law experience working on its caseload? And are the CCRC Commissioners – intended at the outset to provide real expertise and detailed oversight of casework – too detached and insufficiently involved in day-to-day work to maintain effective scrutiny of case workers? Does the “real possibility” statutory test - which requires the CCRC to predict whether it thinks the Court of Appeal will overturn a conviction – force the CCRC to be overly deferential to the judiciary, raising real questions about correcting miscarriages of justice and effectively turning it into a gatekeeper rather than a bold investigative advocate for justice? Can Dame Vera be confident that there will never be another disaster such as the Malkinson case under a reformed CCRC? --   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 powerin 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
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  Memories of Brexit, the Palestine Action Appeal, and Reforming the Law of Homicide 01.07.2026 33min

  With the tenth anniversary of the Brexit referendum upon us, Ken Macdonald KC and Tim Owen KC begin the episode with a reminder of actor Danny Dyer’s memorable thoughts on “this whole Brexit thing” and his unflattering assessment of David Cameron’s role in enabling our departure from the EU, before they reflect on what the impact of Brexit has been on the UK legal system. Ken and Tim then discuss how the interregnum between Keir Starmer’s resignation and the imminent arrival of Andy Burnham as Prime Minister has brought uncertainty in relation to who Burnham will appoint as the new Justice Secretary and Attorney General on the basis that neither David Lammy nor Richard Hermer seem likely to remain in their current jobs. What, if any, impact will a Burnham premiership have on the future of Labour’s jury trial reforms in the Courts and Tribunals Bill given Burnham’s publicly expressed concern that the government “should proceed with huge caution and do not take away something that’s a lynchpin of a fair society.”   The duo comment on the arguments advanced by Palestine Action in support of their unsuccessful application to the Court of Appeal for permission to appeal to the Supreme Court against the decision to uphold the Home Secretary’s proscription decision and anticipate the likely response from the Supreme Court itself.   Finally, they discuss the merits of the Law Commission’s consultation paper on reforming the law of homicide (https://lawcom.gov.uk/news/law-commission-proposes-major-overhaul-of-homicide-offences/) and look forward to next week’s episode where their guest will be the Interim Chair of the Criminal Cases Review Commission, Dame Vera Baird KC. Listeners interested in some homework in advance of the discussion with Dame Vera might wish to listen to the February 2025 episode of Double Jeopardy with guest Chris Henley KC where they discuss the shocking failures by the CCRC in relation to the Andrew Malkinson case - https://open.spotify.com/episode/0jrqjoXcIduyM1weZpFyP2?si=jBMeN3uzQruBF7rVhW4m9Q   --   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
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  Free Speech, SLAPPs, and the Public Interest. Plus- Keir Departs 24.06.2026 47min

  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
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  Listeners’ Postbag: The Fordingbridge Rapes, Jeremy Bamber, and Palestine Action 17.06.2026 43min

  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
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  The Murder of Henry Nowak 10.06.2026 48min

  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
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  The Fordingbridge Rape Sentences: The Dilemma of Sentencing Children for Serious Crime. 03.06.2026 43min

  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
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  Jeremy Bamber and a Free Press: UK Justice Turns Out the Lights 27.05.2026 49min

  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
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  The Road to Chisinau - Politics and the ECHR plus Tackling State Threats to the UK 20.05.2026 42min

  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
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  Failing to Face Down Fraud: Does the SFO Have a Future? 13.05.2026 41min

  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
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  Iran - Trump’s Permanent War? 07.05.2026 43min

  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
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  AI, Hallucinations, and the Law 07.05.2026 49min

  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