Share Double Jeopardy - The Law and Politics Podcast
Share to email
Share to Facebook
Share to X
By Double Jeopardy Podcast
3.5
22 ratings
The podcast currently has 75 episodes available.
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 Macdonald and Tim Owen look at the row this proposal has sparked. Joining them is Karon Monaghan KC, a barrister specialising in equality and human rights law from Matrix Chambers, who provides insight into the implications of the proposed change, arguing that it does not represent the unwelcome imposition of a contested (American) ideology originating in the frenetic racial politics of that country, but is simply a necessary evolution in the duty to promote a diverse and inclusive bar. She suggests that reasonable steps towards progress, rather than quotas in all but name, are the goal.
The episode also covers recent legal developments impacting women’s sex-based rights. And as she prepares, along with Beth Grossman, to argue a landmark case in the Supreme Court, which will determine once and for all the legal definition of a woman, Karon provides insight into a pivotal question: Should a trans woman with a Gender Recognition Certificate be legally recognised as a woman under the Equality Act? The answer will have major ramifications for all sex-based rights in the UK.
Tune in to hear Ken, Tim, and Karon navigate the legal complexities surrounding EDI and Core Duty Eight and explore what these shifts might mean for the future of barristers’ professional obligations.
Follow us on X/Twitter:
https://x.com/doubjeopardypod
Follow us on LinkedIn:
https://www.linkedin.com/company/double-jeopardy-podcast/
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 justice issues for 31 years at the BBC and, more recently, as an advisor to Home Secretary Yvette Cooper - now finds himself shaping the very policies he once analysed. His unique experience, from the newsroom to influencing Labour’s criminal justice agenda, sets the stage for a profound exploration of the reality of reforming our crippled justice system.
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen sit down with Danny to dissect the formulation of Labour's crime policies and the continuing controversy arising from the shooting of Chris Kaba.
Together, they navigate the delicate balance between political rhetoric and the practical realities of implementation without any promise of increased spending on justice.
As they unravel these intricate dynamics, the discussion shifts to the broader debate on policing, highlighting the legal and moral dilemmas that arise in high-stakes, high-pressure situations. Against the background of the acquittal of Met Police Firearms officer Martyn Blake for the shooting of South London gangster Chris Kaba, the trio discuss the law of self-defence, prosecutorial discretion and police accountability, critically assessing whether current legislation adequately protects the police and whether proposed reforms go far enough to address the root issues of trust and transparency within the justice system.
In a lively debate, Danny explains why he agrees with Met Commissioner Sir Mark Rowley’s strong attack on the CPS for charging Martyn Blake and why he thinks Ken and Tim are wrong to believe that the DPP does not require fresh guidance to ensure that the police officers only face criminal charges when the law and the evidence supports a charging decision.
Follow us on X/Twitter:
https://x.com/doubjeopardypod
Follow us on LinkedIn:
https://www.linkedin.com/company/double-jeopardy-podcast/
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 prosecute and how does the law of self-defence impact the actions of armed officers?
Ken Macdonald and Tim Owen are back to discuss these and other questions arising from police shootings. They look at the role of the CPS in deciding to prosecute police officers, and historical cases like that of Jean Charles Menezes. Do the rules around the prosecution of police officers need to change? Would the public really have confidence in a system that offered special protection from prosecution for police officers?
In this episode they also consider the growing scandal of Mohamed Al-Fayed’s apparent serial sex offending, and the atrocious police response to the complaints of scores of women.
Follow us on X/Twitter:
https://x.com/doubjeopardypod
Follow us on LinkedIn:
https://www.linkedin.com/company/double-jeopardy-podcast/
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 premature babies are uniquely vulnerable to medical crisis.
In this episode Ken and Tim are joined by Dr Richard Latham, an NHS consultant forensic psychiatrist and expert witness who has huge experience of complex psycho-legal issues in criminal trials. In their discussion, they look at the duties and responsibilities of medics and scientists giving evidence in criminal proceedings.
How is a diagnosis of mental disorder or mental illness made where intent is a key issue? What is required for establishing the partial defence to murder of diminished responsibility, and how does it differ from insanity? What are the professional and ethical duties that apply to experts instructed by the defence or the prosecution? And can it ever be appropriate for experts to speak out about a case they weren’t involved in, when they haven’t seen all the case materials?
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 the field.
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen take a deeper look into the risks Jenrick’s assertions pose, not just for the reputation of the UK's armed forces, but for international law and military operations. The conversation also touches on the broader debate about the role of the ECHR and whether Britain should distance itself from the convention altogether.
The pair then shift focus to Naomi Campbell’s charity, Fashion for Relief, which recently has come under intense scrutiny. The Charity Commission’s report has revealed a startling financial mismanagement, where only a small fraction of donations reached the intended causes. With millions raised but minimal impact, Ken and Tim unravel the findings, raising important questions about accountability and transparency in the world of celebrity philanthropy.
Follow us on X/Twitter: https://x.com/doubjeopardypod
Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
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 shares his insights on the need for change in our approach to sentencing, the challenges within our overcrowded prisons, and the societal implications of the current punitive system. Together, the trio explore key questions such as why prison sentences have doubled in length over the past 50 years, whether longer sentences truly reduce crime, and the impact of political decision-making on our justice system.
Ken and Tim also turn their attention to the damning allegations surrounding the late Mohamed Al-Fayed and the wider implications this case holds for the criminal justice system. This major scandal is just beginning.
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 that they must ‘advance equality, diversity and inclusion in their practices’ (which is not a legal requirement).
The trio explore the implications of this change, and of the challenges it presents, not least because of the contested nature of EDI ideologies. They ask: Is this new duty just the latest manifestation of US racial politics gaslighting a Europe less tuned to its puritanical and divisive world view? And has the Bar Standards Board foolishly fallen victim to transatlantic ideological fashion, in a landgrab that will cause anger, confusion and dissent?
They also look at Labour Party politician David Blunkett’s potential role in leading a government review of sentencing policies, reflecting on his draconian contributions to increased sentencing over decades. Is the news of his potential appointment another nail in the coffin of satire?
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 focusing on the special measures introduced to support vulnerable witnesses. They explore the implications of these measures, including Section 28 evidence, and the unintended consequences that have arisen, such as lower conviction rates.
The conversation closes with a discussion on the recent sentencing of Huw Edwards, examining the principles applied by the judge, and the public response. Was it right not to send him straight to prison?
Be sure to follow us on X: https://x.com/doubjeopardypod
Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
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.
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 closely without infringing the fundamental right to freedom of expression?
Ken and Tim debate the differences between the US and European approaches to regulating the internet, with a focus on Section 230 of the US Federal Communications Act, recent decisions of the US Supreme Court and the EU Digital Services Act which is designed to prevent illegal and harmful activities online and the spread of disinformation. They also discuss the Online Safety Act 2023 and the challenge of balancing freedom of speech with the need to combat harmful content online.
Follow us on X/Twitter: https://x.com/doubjeopardypod
Follow us on LinkedIn: https://www.linkedin.com/company/double-jeopardy-podcast/
The podcast currently has 75 episodes available.
36 Listeners
261 Listeners
660 Listeners
340 Listeners
27 Listeners
255 Listeners
3,072 Listeners
1,055 Listeners
9 Listeners
919 Listeners
438 Listeners
31 Listeners
63 Listeners
30 Listeners
20 Listeners