The prosecution: Ken Macdonald KC and Tim Owen KC The defendant: British politics, the legal system and the media. The charges: You’ll have to listen to find out. With decades of experience behind them, Ken and Tim bring you an insider’s analysis of the latest legal battles, high-profile cases, and emerging political issues happening across Britain. This is ‘Double Jeopardy’, The Law and Politics Podcast.
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Review of the Year with Joshua Rozenberg
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It’s been quite a year for law and politics in the UK. From the unravelling scandal of wrongful convictions in the Post Office Horizon cases, to the chilling aftermath of the Lucy Letby trial, questions about accountability and reform have never been more pressing, as growing scrutiny, and ever more polarised politics, continue to threaten the deli…
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The announcement that the Ministry of Justice has commissioned the Law Commission to undertake a comprehensive review of homicide law and sentencing in murder cases alongside the Gauke review of sentencing in non-homicide cases means that sentencing policy in England and Wales will be reviewed simultaneously by two separate bodies. Given the role o…
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Judges and the Power of Life and Death
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As the House of Commons casts an historic vote on assisted dying, the debate over this deeply contentious issue isn’t going away. If anything, the vote has ignited even stronger passions on both sides, particularly about the judiciary’s role in navigating such morally charged territory, making decisions over life and death. In the latest episode of…
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Politics, Religion and Assisted Dying
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Why is the Terminally Ill Adults (End of Life) Bill being introduced as a Private Member’s Bill, and how does this approach compare to historical conscience-driven legislation like the Abortion Act or the abolition of capital punishment? In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen delve into the complex issues surrounding a…
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Is the cost of litigating free speech issues in the UK disproportionately high and what reforms might address the problem? In this episode of Double Jeopardy, Ken Macdonald and Tim Owen, together with leading media lawyer Gavin Millar KC, debate the irony of the Daily Mail’s recent victory before the the European Court of Human Rights over the issu…
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Lucy Letby, Fair Trials, and a Conservative Path to Justice
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Join Ken Macdonald and Tim Owen in this episode of Double Jeopardy as they discuss significant legal developments, including the recent Court of Appeal judgment roundly rejecting Lucy Letby’s argument that pre-trial publicity made her retrial unfair. Are jurors really unaffected by prejudicial media reports? They also look at the fascinating politi…
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Defending Diversity and Defining a Woman
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Barristers’ Core Duty Eight currently requires members of the Bar not to discriminate unlawfully against any person. However, the Bar Standards Board now wishes to go further and create a new duty requiring barristers positively to advance equality, diversity and inclusion in their professional lives. In this episode of Double Jeopardy, hosts Ken M…
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No Money for Justice and Chris Kaba: Part 2
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With every aspect of our criminal justice system – the police, courts, prison system and probation service – in a state of apparently permanent crisis thanks to 15 years of systemic underfunding, there seems little hope of fundamental change any time soon. Amidst the turmoil, Danny Shaw - a prominent voice in reporting and analysing criminal justic…
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The Shooting of Chris Kaba and Failing the Victims of Mohamed Al-Fayed
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Metropolitan Police firearms officer Martyn Blake has been acquitted of the murder of gangster Chris Kaba. He may still face the sack because the Independent Office for Police Conduct can pursue disciplinary actions even after a criminal acquittal. How does this process work? And what are the complexities in cases like this? Were the CPS right to p…
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In recent episodes of Double Jeopardy, Ken Macdonald and Tim Owen have focused on the massive publicity surrounding the trial of Lucy Letby, and on the barrage of criticism of the expert medical evidence used by the prosecution to prove that babies were deliberately harmed by Lucy Letby, rather than dying of natural causes in circumstances where pr…
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Naomi Campbell’s Philanthropy and Robert Jenrick’s Stupidity
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As political rhetoric in the UK takes an alarming turn, Robert Jenrick’s recent statements link the European Convention on Human Rights (ECHR) to British soldiers committing unlawful killings abroad. These claims have drawn fierce criticism, with experts warning that such accusations not only distort reality but also endanger military personnel in …
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Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed
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In the latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Lord Burnett of Maldon, the former Lord Chief Justice of England and Wales, to talk about punishment and the British addiction to prison. As one of five co-authors of a significant report on the subject (published by the Howard League in September) Lord Burnett share…
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Diversity, Orwell and the Death of Satire
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In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Akua Reindorf KC, a discrimination law expert at Cloisters Chambers, to discuss the Bar Standards Board's proposal to change a core duty of barristers from the requirement that they ‘should not unlawfully discriminate’ (which would be illegal), to a positive duty th…
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Rape Trials in Peril and the Sentencing of Huw Edwards
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In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Vine, a KC at Doughty Street Chambers, to discuss the sensitive and difficult issue of the way in which trials of rape and other serious sexual offences are conducted. The trio discuss the complexities surrounding trials of sexual offences, particularly focusi…
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Tommy Robinson's Tax Returns & Grenfell Delays
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In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Dan Neidle, Founder of Tax Policy Associates, to explore the finances of Stephen Yaxley-Lennon, the far-right street agitator and self-styled journalist who calls himself Tommy Robinson. The trio explore how Yaxley-Lennon has monetised his presence on the internet t…
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Hate, Bigotry and Bleaching the Internet
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Hidden under the cloak of online anonymity, individuals in the UK have been charged and convicted of inciting and encouraging criminal behaviour without actively getting involved themselves. Ken Macdonald and Tim Owen analyse the debate triggered in the wake of the August 2024 riots across the UK; should we and how do we regulate the internet more …
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The case of Lucy Letby is one of the most controversial cases in British legal history. As is well known, the neonatal nurse is currently serving 15 whole-life sentences for the murder of seven infants and the attempted murder of eight others. Her application for leave to appeal her convictions returned at her first trial was firmly rejected by the…
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The case of Lucy Letby generated shock, revulsion and bewilderment, casting a long shadow over the trust that we place in those who care for the most vulnerable. In the latest episode of Double Jeopardy, Ken and Tim discuss one of the most controversial cases in British legal history—the conviction of Lucy Letby, the neonatal nurse sentenced to 15 …
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“UK riots shops boarded up as England braces for rioting. Thousands of officers on standby as police plan for up to 100 disturbances and 30 counter protests’ In this episode of Double Jeopardy Ken Macdonald and Tim Owen sit down to discuss the planned riots in response to the tragic Southport incident looking at how Keir Starmer is responding, the …
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Sarah Lunnon: Just Stop Protesting?
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After spending the best part of 15 years in party politics, Sarah Lunnon now believes that responding to the climate emergency needs a new democracy, a revolution rather than reform. In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Lunnon, former Green Party Councillor and Co-founder of Just Stop Oil, to discuss th…
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Fiona Rutherford: Justice into the Future
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The justice system in the UK has faced many challenges over the past 14 years, most notably funding cuts and a lack of resources. In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Fiona Rutherford the Chief Executive of JUSTICE to discuss the state of the justice system in the UK. They reflect on the past 14 years, discus…
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Starmer’s First Move - Ending Our Addiction to Prison?
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Mark Fairhurst, the National Chairman of the Prison Officers Association, returns to Double Jeopardy to further discuss the prison crisis, now a focal point in the first week of the new Labour government. Guided by hosts Ken Macdonald and Tim Owen, the conversation addresses the emergency measures announced by the new Lord Chancellor, Shabana Mahmo…
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David Gauke: Conservative Reckoning, Labour Change?
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Ken Macdonald and Tim Owen are joined by David Gauke, Former Lord Chancellor and Secretary of State for Justice. In 2019 he resigned, saying he could no longer serve under Boris Johnson and risk a no-deal Brexit. After expulsion from the Conservative party, he said ‘at last I have something in common with Domonic Cummings.’ It was a poignant remark…
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In this episode, of Double Jeopardy hosts Ken Macdonald and Tim Owen discuss the various aspects of Labour Party's manifesto which was launched on the 13th June 2024 ahead of the Election which is taking place on the 4th July 2024. This episode looks at the intricacies and implications of the proposed law and order policies. The manifesto, which is…
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Mark Fairhurst: Britain’s Prison Shame
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In this episode of Double Jeopardy Ken Macdonald and Tim Owen talk to Mark Fairhurst, National Chairman of the Prison Officers Association, about the long standing and apparently never ending crisis afflicting the UK prison system. This episode presents an in-depth discussion on the overcrowding epidemic and its root causes including the tabloid dr…
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Angus McCullough KC: The Undermining of Secret Justice
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Ken Macdonald and Tim Owen welcome back Angus McCullough KC, who has extensive experience in public and private law and who was the most experienced Special Advocate until his decision to step down in October 2023 in protest at the Government's failure to implement urgent changes to the system of secret justice (as recommended in December 2022 by t…
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Jessica Simor KC: Judicial Activism in the Age of Global Warming
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Ken Macdonald and Tim Owen speak to Jessica Simor KC, an acclaimed specialist in public and regulatory law, EU law, competition law and human rights law. The episode discusses the issue of whether litigation, whether before the European Court of Human Rights or domestic courts can be effective in addressing the challenge presented by climate change…
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Jonathan Jones KC: Will the Rwanda Bill Work?
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Ken Macdonald and Tim Owen react to the passage of the ‘Safety of Rwanda (Asylum and Immigration) Act 2024' with Jonathan Jones KC, former Head of the Government Legal Department and Senior Consultant in Public and Constitutional Law at Linklaters.
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Episode 53: Nick Ephgrave - Meet the New Director
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In his first broadcast interview, Ken Macdonald and Tim Owen discuss fraud, whistleblowers and disclosure with new Director of the Serious Fraud Office, Nick Ephgrave QPM.
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Episode 52: John Bowers KC - The Power of Corruption
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Ken Macdonald and Tim Owen discuss Boris Johnson and the degradation of the British State with author of ‘Downward Spiral’, John Bowers KC.
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Episode 51: Hannah Quirk - The Problem with Criminal Justice
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Ken Macdonald and Tim Owen discuss the need for a Royal Commission into Criminal Justice with Editor of the Criminal Law Review, Dr Hannah Quirk
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Episode 50: Jo Phoenix - Gender and the Ducking Stool
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Ken Macdonald and Tim Owen discuss cancellation and the politics of gender with criminologist Professor Jo Phoenix.
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Episode 49: Secrecy in the Family Courts
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Ken and Tim discuss growing calls for more openness in the family court system with Chair of the Transparency Project, Lucy Reed KC.
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Episode 48: Patrick Green KC - Mr Bates Beats the Post Office
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Ken Macdonald and Tim Owen talk to victorious leading counsel for the post masters and mistresses, Patrick Green KC
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Episode 47: Jonathan Jones - Stopping the Boats?
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Ken Macdonald and Tim Owen discuss the Safety of Rwanda Bill and a parliament in wonderland with former Head of the Government Legal Department, Sir Jonathan Jones KC.
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Episode 46: I. Stephanie Boyce - Leading the Law Society
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Ken Macdonald and Tim Owen discuss access to law and legal aid deserts with past President of the Law Society, I. Stephanie Boyce
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Episode 45: Jonathan Hall KC - Gaza and the Right to Protest
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Ken Macdonald and Tim Owen discuss demonstrations, terror and the spectre of hate with Independent Reviewer of Terrorism Legislation, Jonathan Hall KC.
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Episode 44: Frances Crook - Political Power and Penal Failure
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Ken Macdonald and Tim Owen discuss political reform and the disaster of Britain’s prisons with Convenor of the Commission on Political Power, Frances Crook
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Episode 43: Adam Wagner - Rwanda and the Rule of Law
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In a special episode, we discuss the Supreme Court’s Rwanda ruling and the government’s response with legal commentator, Adam Wagner.
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Episode 42: Alex Chalk KC - Speaking for the Government
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Ken Macdonald and Tim Owen discuss sentencing, prisons and lefty lawyers with Secretary of State for Justice and Lord Chancellor, Alex Chalk KC
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Episode 41: Angus McCullough KC - When Justice is Secret
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In a special edition, Ken Macdonald and Tim Owen discuss secret trials and promises to Parliament with leading Special Advocate, Angus McCullough KC
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Episode 40: Ian Winter KC - Can the SFO Work?
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Ken Macdonald and Tim Owen discuss the Independent Review of Disclosure and Fraud Offences with leading fraud Barrister, Ian Winter KC.
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Episode 39: Stuart Russell - AI in a World of Risk
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Ken Macdonald and Tim Owen discuss the threat and promise of Artificial Intelligence with world-leading Computer Scientist, Professor Stuart Russell
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Episode 38: Edward Garnier KC - When Justice Fails
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Ken Macdonald and Tim Owen discuss Andrew Malkinson and miscarriages of justice with former Solicitor General Lord Edward Garnier KC
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Episode 37: Robert Spano - The United Kingdom v Human Rights
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Ken Macdonald and Tim Owen discuss the UK’s prickly relationship to the European Court of Human Rights with former President of the Court, Robert Spano
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Episode 36: Melanie Phillips - Israel and the Politics of Law
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Ken Macdonald and Tim Owen discuss the constitutional crisis in Israel with Times columnist and public commentator Melanie Phillips
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Episode 35: Gavin Millar KC - Huw Edwards and the Limits of Privacy
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Ken Macdonald and Tim Owen discuss newspaper ethics, private lives and the outing of Huw Edwards with leading media barrister Gavin Millar KC
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Episode 34: Richard Moorhead - Lawyers Behaving Badly?
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Ken Macdonald and Tim Owen debate ethics, the cab rank rule and regulating ex-Judges with Professor of Law and Professional Ethics Richard Moorhead
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Episode 33: Dan Neidle - I’m the Taxman
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Ken Macdonald and Tim Owen discuss lawyers undermining the rule of law, the fall of Nadhim Zahawi, and the morality of paying tax with founder of Tax Policy Associates, Dan Neidle.
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Episode 32: Andy Verity- Telling the Truth about LIBOR
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Ken Macdonald and Tim Owen discuss bankers, cover ups and a quest for justice with BBC Economics Correspondent, Andy Verity.
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