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Double Jeopardy - UK Law and Politics

Ken Macdonald KC and Tim Owen KC
Double Jeopardy - UK Law and Politics
Latest episode

134 episodes

  • Double Jeopardy - UK Law and Politics

    Listeners’ Mailbag: Tariffs, Hunger Strikes and Undermining the Parole Board

    21/1/2026 | 44 mins.
    In this week’s episode Ken Macdonald KC and Tim Owen KC discuss a wide range of issues affecting UK law and politics and answer some listeners’ questions.  

     

    Does Elon Musk’s climbdown over Grok’s image generator represent a victory for online safety campaigners and have Ken and Tim been unfair about Ofcom’s record of enforcing the Online Safety Act ? 

     

    Will the US Supreme Court’s imminent ruling in  Learning Resources v Trump declare Trump’s unilateral imposition of tariffs without Congressional approval to be unlawful and what would that mean for Trump’s latest threats to impose tariffs on any NATO country opposing his demand to take over Greenland?   And is being turned down for the Nobel Peace Prize a good reason to invade a sovereign State ?

     

    The decision of 6 Palestine Action activists to end their hunger strike was greeted with relief by the Ministry of Justice but what were the activists demanding and what is the law concerning the duty of the Prison Service in response to hunger strikes?  Ken and Tim explain the fundamental shift in the law from mandatory force feeding of the Suffragettes, as established in the 1909 judgment in Leigh v Gladstone, to the turning point in the ‘70s and 80s involving IRA hunger strikers.  

     

    What do recent amendments to the Parole Board’s powers and the Justice Secretary’s new power to direct the Parole Board to refer a release decision in “top-tier” cases to the High Court say about Labour’s approach to sentencing, fairness and respect for judicial independence?  See this for a background to the changes - https://www.no5.com/2025/12/the-parole-board-new-powers-and-new-challenges/

     

    Finally, Ken and Tim reflect on the defection of Robert Jenrick to Reform, the record of his replacement as Shadow Justice Secretary, Nick Timothy MP, and the mysterious decision by SFO Director, Nick Ephgrave, to announce his early retirement after only 2 and half years in the job.

    --

    overing 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
    Learn more about your ad choices. Visit megaphone.fm/adchoices
  • Double Jeopardy - UK Law and Politics

    Venezuela, Greenland and The Donroe Doctrine: Power without Law

    14/1/2026 | 53 mins.
    Former National Security Advisor John Bolton says of President Trump that “the part he likes about the phrase ‘Donroe Doctrine” is the word ‘Don’ -  he doesn’t do doctrine” but the abduction of the sitting Venezuelan President Maduro and repeated explicit threats to acquire Greenland, by force if necessary, from Trump, Vance and the increasingly unhinged US Homeland Security Advisor Stephen Miller would appear to signal the end of any hope for the continuation of a rules-based global order. 

    To discuss the implications for public international law of Trump’s open contempt for the idea that he should be constrained by anything other than his own personal “morality”, Ken Macdonald KC and Tim Owen KC are joined by their Matrix chambers colleague and Professor of Public International Law at the London School of Economics, Devika Hovell.

    What was the international law status of the Maduro government before 3rd January 2026 and to what extent does the US law enforcement justification for his capture hold water in international law terms?  And given the raw reality of US power, does it really matter in practice?

    To what extent does the “Donroe Doctrine” have any legal coherence and in what way is it different from the 19th century Monroe Doctrine to which it claims an historic link?  What is the status of Greenland in international law and absent the consent of Denmark or the people of Greenland could the USA lawfully “buy” Greenland from the Greenlanders?

    Finally, given the reality that the USA, China and Russia have no respect for international law, is Attorney General Lord Hermer KC right to acknowledge that statecraft/diplomacy is the only way to manage a world dominated by Trump and raw US power?

    --

    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
  • Double Jeopardy - UK Law and Politics

    UK Law and Politics 2025-2026: What’s Happened and What’s Coming Next

    07/1/2026 | 1h 1 mins.
    To start the New Year, Ken Macdonald KC and Tim Owen KC are joined once again by the UK’s leading legal journalist and author of the daily blog, A Lawyer Writes, Joshua Rozenberg, to review some key issues in UK law and politics during 2025 and to look forward to likely developments in 2026.

     

    Against the background of a polarised, often ill-informed, debate around migration, asylum and Article 8 of the ECHR, where does the embarrassing case of Alaa Abd El-Fattah fit in this confused, fevered political landscape? 

     

    2025 saw persistent populist attacks on the judiciary, with Shadow Justice Secretary Robert Jenrick the most persistent offender, and the trio debate whether judicial independence is under greater threat now than ever before.  

     

    With every corner of our criminal justice system in a state of apparently permanent decline, what do the cases of Andrew Malkinson, Tom Hayes, Carlo Palombo and Lucy Letby tell us about the ability of the system to prevent and ultimately reverse miscarriages of justice?

     

    Looking forward to 2026, Ken, Tim and Joshua cover the prospects for effective regulation of the internet and the potential for conflict between the EU approach and that of the Trump regime.  They also debate the ability of the Government to secure Parliamentary approval for the plan radically to limit the right to jury trial and the chaotic way in which the proposals were leaked.  

     

    Finally, they consider whether the Sentencing Bill, once in force, can really be the magic bullet that will finally achieve the goal of reducing our dependence on imprisonment as the only acceptable form of punishment and lead to a lasting reduction in the prison population.

    For listeners to the special episode on the Pitcairn Island sexual abuse  case interested in reading the Privy Council judgment, click here - https://evols.library.manoa.hawaii.edu/server/api/core/bitstreams/d171ca10-d5ed-4106-a229-e9993bd9867a/content

    --

     

    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
  • Double Jeopardy - UK Law and Politics

    Living in the Southern Ocean: Part 2- Empire, Neglect and the Dilemma of the Pitcairn Sex Trials

    01/1/2026 | 39 mins.
    In Part 2 of their discussion with retired New Zealand High Court Judge and former Chief Crown Prosecutor for Auckland, Simon Moore KC, Ken Macdonald KC and Tim Owen KC discuss the extraordinary Pitcairn Island sexual abuse trials which took place between 2004-2006 and in which Simon headed the prosecution team. What finally triggered the investigation into what was eventually revealed to be institutionalised, decades long gross sexual abuse of children and young women on this tiny, remote volcanic island in the middle of the South Pacific populated by the descendants of the 1789 mutiny on HMS Bounty ?  As a British Overseas Territory, why was a New Zealand prosecutor in charge of the cases and what were the practical challenges involved in seeking to bring justice to a community of some 50 people who had lived for centuries with no concept of policing or the reality of restraint via the criminal law?

    --

    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
  • Double Jeopardy - UK Law and Politics

    Living in the Southern Ocean: Part 1- Blazing a Trail for Criminal Justice Reform

    27/12/2025 | 31 mins.
    In Part 1 of a special holiday release of Double Jeopardy, Ken Macdonald KC and Tim Owen KC are joined by the former New Zealand High Court Judge and Chief Crown Prosecutor for Auckland, Simon Moore KC.  At a time when comparisons are often made between the Leveson/Lammy proposals and the major reforms to New Zealand criminal justice system in 2011 flowing from its Criminal Procedure Act 2011 and the Victims of Crime Reform Act 2011, Simon gives his thoughts on the UK government’s proposed changes to the right to trial by jury and questions whether they will be effective in achieving the radical reduction in the Crown Court backlog.  

    --

    Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.    What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?  Get answers to questions like these weekly on Wednesdays.   Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.    Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.  Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape.    If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.
    Learn more about your ad choices. Visit megaphone.fm/adchoices

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About Double Jeopardy - UK Law and Politics

Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political present and future. -What happens when law and politics collide?  -How do politics shape the law - and when does the law push back?  -What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged?  -And who really holds power in Britain’s legal and political system?  Get answers to questions like these weekly on Wednesdays. Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, human rights and the British Constitution.  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, and a leading voice on civil liberties.  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.  Episode topics have included:  -How UK politics is shaping the legal system and British politics explained – from judicial review of government decisions to the erosion of civil liberties.  -The toxic confrontation between gender critical feminists and trans activists over what defines a woman in law.  -The extent to which special measures intended to support vulnerable witnesses are making it harder to prosecute rape and other serious sexual offences.  -Inside the most controversial legal cases – including human rights battles over immigration law, terrorism and national security, the Assisted Dying Bill and the gross miscarriage of justice in the Andrew Malkinson case.  -Britain’s never ending criminal justice crisis – from overfilled prisons to policing policies that test the rule of law, threats to jury trial and the massive backlog of Crown Court cases.  -Lucy Letby’s convictions, the media’s role, the Court of Appeal’s detailed rejection of her appeal and the fresh evidence which may demonstrate fundamental problems with the safety of the convictions.   Episodes feature discussions with the most influential voices in law, politics, and justice, including:   -Professor Kathleen Stock – leading gender critical feminist and Professor of Philosophy hounded out of her job at Sussex University discusses science, gender and the importance of free speech.  -Joshua Rozenberg - Legal commentator and broadcaster reviewed major legal and political developments, including judicial independence, rule of law, and shifts in UK legal norms.  -Baroness Brenda Hale – Former President of the Supreme Court discuss human rights, politicians and populist attacks on the judiciary.  -Danny Shaw - Former BBC Home Affairs Correspondent explored the government’s Crime and Policing Bill, political motives behind law-and-order messaging, and public trust in the justice system.  -Melanie Phillips – Times columnist and public commentator discussed the developing constitutional crisis in Israel arising from the Netenyahu government’s plans to trim the powers and role of Israel’s Supreme Court.  If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll enjoy Double Jeopardy. If you would like to sponsor the podcast, contact us at [email protected].

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