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 ...
Judicial Independence, Human Rights Law and Political Hypocrisy: Breaking Down the 6 Page Letter from the Sentencing Council Chair
Is UK criminal justice really heading towards a two-tier sentencing system? A fierce debate has erupted over the Sentencing Council’s new guidance on pre-sentence reports, which highlights the need for greater consideration of certain defendant groups, including ethnic minorities. Critics argue that this risks creating an uneven playing field, while supporters insist it’s a necessary step toward fairness in sentencing. The Justice Secretary’s reaction has only added fuel to the fire - prompting a scathing six-page rebuke from Lord Justice William Davis, the Chair of the Sentencing Council. You can find his letter here. Ken Macdonald KC and Tim Owen KC break down the implications of this controversy, before turning their attention to reports that No. 10 may introduce legislation to limit the influence of the European Convention on Human Rights (ECHR) in immigration cases. Does the threat of Europe-wide populism mean that we now have to view mass migration in a different way, and as a serious threat to the prevailing European culture of liberal democracy?
--------
26:11
Amending the Assisted Dying Bill and the Sentencing Council Under Attack
Should terminally ill adults have the right to decide how and when they die? The Terminally Ill Adults (End of Life) Bill is discussed by Jake Richards MP and hosts Ken Macdonald KC and Tim Owen KC. They talk about the legislative process, from the intricacies of the committee stage to the broader implications of the private members' bill system. The discussion also focuses on the historical evolution of social change, counter arguments, and the critical safeguards built into the bill. Jake, who is the Labour MP for Rother Valley and a co-sponsor of the legislation, shares his personal motivations for championing this change in the law, emphasising the fundamental question at its core: should individuals be granted the autonomy to make their own end-of-life decisions? Next, Ken and Tim turn to the extraordinary row caused by the recent Sentencing Council paper on pre-sentence reports for black and minority ethnic defendants. Why did Justice Secretary Shabana Mahmood join the Conservative attack that these proposals are an example of so-called two-tier justice? And will she really move to undermine the independence of the Council?Finally, does the evidence that black defendants are treated more harshly by the criminal justice system really stack up?
--------
48:53
Labour’s Criminal Justice: Performance or Reality?
Is tougher legislation the answer to crime, or is it just more political posturing? The Government’s monster new Crime and Policing Bill promises to crack down on antisocial behaviour, knife crime, and retail theft. But is any of this really necessary, or is it just another example of performative lawmaking? This episode unpacks the bill’s sweeping powers, the political motivations behind it, and asks whether existing laws already cover these issues. With police resources stretched thinly, what impact will these changes have on frontline policing and public confidence in the justice system? Ken Macdonald KC and Tim Owen KC are joined by leadng commentator Danny Shaw to break it all down.
--------
30:12
Why Sentencing is Out of Control
Why is UK penal policy failing so badly? This week, Ken Macdonald KC and Tim Owen KC are joined by former Secretary of State for Justice David Gauke, who has just published Part 1 of his Independent Review into Sentencing. In the face of falling crime, why do we have the highest prison population in Western Europe, and why can’t we reduce our expensive addiction to incarceration? The discussion looks at how other countries have embarked on a process of prison closures, and questions why a decades long penal arms race between the main UK political parties prevents us from doing the same.Ken and Tim go on to review the Lady Chief Justice’s recent criticism of Kemi Badenoch and Keir Starmer, as she accuses them of completely misunderstanding a recent judgment granting a Gazan family leave to remain in the UK. Was Lady Carr right to intervene in this way?
--------
30:24
Immigration, Asylum and Liberal Democracy
A high-profile immigration case takes centre stage at Prime Minister’s Questions, sparking debate over refugee law and the reality of power politics in an age of populism. In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC dissect Kemi Badenoch’s focus on a controversial ruling involving a Palestinian family. They go on to consider the UN Convention on Refugees, and ask whether it remains viable in a new age of mass displacement and population movement.How should governments respond to migration and asylum, when both are massive drivers of populist political movements seeking to promote authoritarianism and destroy liberal democracy?Finally, Ken and Tim return to the campaign to remove Richard Hermer from his position as Attorney General. Don’t these coordinated attacks, coming from his own ministers, and directed against his close friend and ally, make Keir Starmer himself look weak?You can find a link to the Gaza judgement hereAnd the Lady Chief Justice’s angry response to the attack on the Upper Tribunal Judge here
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.
Ireland