Double Jeopardy - UK Law and Politics

With Operation Epic Fury, the US/Israel attack on Iran, triggering reprisals by Iran that risk the stability of the entire Gulf Region, what are the shifting international law justifications for the initial attack? And was the Starmer/Hermer explanation for the UK’s cautious approach to involvement in “offensive” action an example of weakness or wise restraint? 

To answer these and other questions Ken Macdonald KC and Tim Owen KC are joined by the Shadow Attorney General, Lord David Wolfson KC, who attacked the Prime Minister’s statement explaining why the UK did not participate in the US/Israel attack on Iran as “pusillanimous”, a “mark of shame” and an “amoral evasion dressed up as legal principle” (https://x.com/dxw_kc/status/2028087017892970696?s=43). 

Ken and Tim press David on his certainty that the US/Israel attack is fully justified as a matter of international law by reference to the principle of collective self-defence, the need to take proportionate action to avert continued attacks on UK bases and to prevent Iran from implementing its genocidal intentions against Israel. Given William Hague’s support for the Starmer approach and the disastrous history of the Iraq war, should all politicians and those who advise them not recognise the need for extreme caution before lining up behind Trump and Netanyahu? 

In a world dominated by Presidents Trump, Putin and Xi, each of whom regard international law as a meaningless irrelevance, Ken and Tim ask David whether he agrees with Marco Rubio’s statement that the rules-based international order has to be jettisoned as “a fantasy” and a “dangerous delusion” and what are the limits of his support for US/Israel actions in the Middle East. 

Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.      

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.     

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.      

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.   

  Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape.   

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy. 
Learn more about your ad choices. Visit megaphone.fm/adchoices

Is Misconduct in Public Office “one of the most notoriously difficult offences to define in England and Wales” as the Law Commission observed in its 2020 Report into the history of the offence? And what reforms are needed for it to satisfy 21st century requirements of legal certainty according to the Commission’s conclusions ?

To answer these and other questions, Ken Macdonald KC and Tim Owen KC are joined by the former Criminal Law Commissioner and distinguished Professor of Criminal Law, Jeremy Horder, who, in addition to being the current editor of Ashworth’s Principles of Criminal Law, is also the author of the leading academic text on misconduct in public office (https://academic.oup.com/book/2405/chapter-abstract/142612568?redirectedFrom=fulltext)

The trio analyse the elements of the offence and its 18th century origins, debate the risk of the offence being seen to be a “political” weapon in a prosecutor’s armoury and reflect on how the charge has frequently been deployed in Hong Kong against holders of low and high office alike (see for example) https://legalref.judiciary.hk/lrs/common/ju/loadPdf.jsp?url=https://legalref.judiciary.hk/doc/judg/word/vetted/other/en/2023/CACC000168B_2023.docx&mobile=N

This episode was recorded on 24/2/26 before the announcement of the arrest of Peter Mandelson on suspicion of misconduct in public office. 

In anticipation of the announcement by Justice Secretary David Lammy of the government’s legislative plans to tackle the Crown Court backlog, Ken and Tim repeat their invitation to Courts Minister Sarah Sackman MP to join them on Double Jeopardy to debate the controversial plan to abolish the right to trial by jury for a vast array of crimes and for her to explain why she believes the reforms are justified as a matter of principle and can fairly be retrospective in effect.  

Finally, they reflect on the US Supreme Court’s 6-3 ruling in Learning Resources, Inc v Trump (https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf), the Tariffs case which appears to show that even for hitherto avowed Trump loyalist Judges there are Executive Orders they won’t countenance.

Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    ​

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.   ​

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.    ​

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. ​

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. ​

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy.
Learn more about your ad choices. Visit megaphone.fm/adchoices

Why did the High Court quash the Home Secretary’s decision to proscribe Palestine Action as a terrorist organisation? And what are the prospects of the Home Secretary winning on appeal?   

With Ken Macdonald KC refraining from public comment on public order/protest issues while he leads the independent review commissioned by Shabana Mahmood into existing public order and hate crime legislation, Tim Owen KC is joined by freelance criminal justice and policing expert Danny Shaw to discuss the background to Yvette Copper’s June 2025 decision to proscribe Palestine Action and the reasoning which led the High Court to conclude that the proscription decision was unlawful both on the basis it was made in breach of the published policy governing terrorist proscription as well as being a disproportionate interference with freedom of expression and the right to assembly under the ECHR. 

See here for a link to the Judgment https://www.judiciary.uk/judgments/huda-ammori-v-secretary-of-state-for-the-home-department-3/ 

See also Professor Mark Elliott’s commentary on the prospects of a successful appeal - https://publiclawforeveryone.com/2026/02/13/the-high-courts-judgment-in-the-palestine-action-case/ 

Tim and Danny also discuss Shabana Mahmood’s radical proposals to reorganise policing in England and Wales and examine why the former Home Secretary Yvette Cooper was opposed to the “distraction” of major policing reform.   

Finally they reflect on the scathing critique contained in the Public Accounts Committee’s January 2026 Report into the Ministry of Justice’s March 2022 decision to commit to spending £4m a year of taxpayer’s money on HMP Dartmoor (an empty prison that it cannot use due to contamination by radon gas) at a time when the permanent secretary was Dame Antonia Romeo.

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.   

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.    

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. 

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. 

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy.
Learn more about your ad choices. Visit megaphone.fm/adchoices

The second Part of Sir Brian Leveson’s Independent Review of the Criminal Courts was published last week but largely overlooked in light of the Mandelson scandal.   

In this week’s episode Ken Macdonald KC and Tim Owen KC are joined by Sir Brian to discuss the details of his mammoth, Part 2 Report and to get his response to the very strong criticisms from both the legal profession, the judiciary and politicians from all sides to his first Report on jury reform. 

Sir Brian’s Second Report covers a vast range of issues which, if enacted in full, certainly do have the potential to achieve radical change in the way our criminal justice system functions.  His recommendations include the creation of a Criminal Justice Adviser to the Prime Minister with the aim of co-ordinating a single vision for the currently fragmented criminal justice agencies (police, courts service, CPS and prisons); a National Listing Framework to reduce the number of ineffective hearings; the setting up of remote hearings by default for preliminary hearings in the Crown Court and first hearings in the magistrates courts to reduce travel to and from court centres; vastly increased use of AI for case management; legal aid reforms and numerous other significant changes to promote increased efficiency. 

Are Sir Brian’s recommendations really new? 

And what are the chances of the Government embracing them in full, as he urges them to do, alongside increased funding for the justice system and implementation of the structural reforms to jury trial explained in his first Report?  

 

For anyone interested in reading the full report, click here... 

https://www.gov.uk/government/publications/independent-review-of-the-criminal-courts-part-2 

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.   

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.    

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. 

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. 

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy.
Learn more about your ad choices. Visit megaphone.fm/adchoices

What is the future of anti-SLAPP laws in the UK?  And what are the implications of the recent High Court Judgment in Hurst v Solicitors Regulation Authority (https://www.judiciary.uk/wp-content/uploads/2026/01/082-Hurst-v-SRA-002.pdf)in which the SRA was heavily criticised for holding that the experienced Osborne Clarke media solicitor, Ashley Hurst, was guilty of professional misconduct on the basis that he had wrongly attempted to deter tax campaigner Dan Neidle from publishing allegations of dishonesty over his tax affairs against former Chancellor of the Exchequer, Nadim Zahawi?  

 

Ken Macdonald KC and Tim Owen KC discuss the issues with distinguished media lawyer Gavin Millar KC who explains why he and other media lawyers and organisations are pressing the Government to include a universal anti-SLAPP law in the next King’s Speech.

 

Ken and Tim go on to discuss the extraordinary efforts by a small group of members of the House of Lords to block the Terminally Ill Adults (End of Life) Bill by endless amendments which have no hope of being debated before the April deadline when the Lords must vote on it.  They explain the threat to invoke the Parliament Act 1911 as a means of guaranteeing that the Bill becomes law and the constitutional implications of the Lords being seen to frustrate the will of the House of Commons.

 

Finally, the duo summarise Sir Brian Leveson’s reply to critics of his jury reform recommendations as set out in his Sunday Times comment piece and they speculate on why the Government is finding it impossible to appoint anyone to Chair the Judicial Appointments Commission as it faces a heavy workload in light of recent retirements of a number of senior Judges, including the Master of the Rolls.

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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