Double Jeopardy - The Law and Politics Podcast

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?

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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.

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. 

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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 Court of Appeal on 2nd July 2024 as unarguable. 

In this episode of Double Jeopardy, Ken Macdonald and Tim Owen respond to comments and criticisms received after discussing the Lucy Letby case in the most recent episode ‘Lucy Letby: The Shadow of a Doubt?"

Ken and Tim respond to listeners addressing concerns about the fairness of the trial process and the credibility of the Court of Appeal process. They also discuss the recent admission by the Crown Prosecution Service that certain evidence was mislabeled at the original trial and whether this affects the conclusion that Lucy Letby’s convictions are safe. They explore the possibility of reopening the appeal and the potential for a different approach to reviewing scientific evidence before the Court of Appeal. 

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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 whole-life sentences for the murder of seven infants and the attempted murder of eight others.

Ken and Tim explore the widespread media coverage and the intense public reaction to Letby’s case, including the growing number of conspiracy theories that have emerged on the internet as well as more serious articles in reputable media outlets. They critically examine the arguments put forth by those questioning her conviction and discuss the Court of Appeal's comprehensive rejection of her application for leave to appeal and the refusal to admit fresh expert evidence.

They emphasise that any discussion about a miscarriage of justice must start with an understanding of the basis for the Court of Appeal’s rejection of Lucy Letby’s appeal. The episode also touches on the upcoming public inquiry to be Chaired by Lady Justice Thirlwall (which will investigate events at the Countess of Chester hospital and whether the management structure at the hospital contributed to the failure to protect babies from Letby’s actions) and whether the public inquiry has the potential to generate new evidence that may form the basis for a second appeal following a referral by the Criminal Cases Review Commission.

Tim and Ken aim to shed light on the complexity of the case and are critical of those who have questioned Letby’s guilt without understanding the details of the case and the dynamics of a criminal trial. They stress the importance of basing any claims of a miscarriage of justice on a thorough understanding of the evidence, the legal processes involved and especially the details of the 58 page Judgment of the Court of Appeal handed down on 2nd July 2024.

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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 role of the courts and the suggestion we need to use anti-terrorism laws to deal with the rioters.

Ken and Tim also touch on the 2011 riots which spread from a protest about the shooting of Mark Duggan by police in Tottenham where 2,158 people were convicted of involvement in the 2011 riots, leading to prison sentences totalling more than 1,800 years.

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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 the lengthy sentences recently handed down on 5 Just Stop Oil activists for their actions in attempting to create gridlock in London and the South of England in November 2022 and the impact these sentences may have on future protests. They also debate the failure of the government to take effective action on climate change and the role of civil disobedience in driving change.  

The discussion raises questions about the legitimacy and effectiveness of harsh punishment and whether the UK is out of step with other European countries in terms of sentencing climate protesters.

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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, discussing what has gone right, what has gone wrong and what to expect in the future. They cover topics such as the motivations for becoming a lawyer, the challenges of policy-making, the impact of austerity on the justice system and the recent bills announced in the King's speech. 

Fiona emphasises the need for outcome-focused policies that address the root causes of crime, such as housing, health, and education, the conversation concludes with Fiona's top 5 legislative priorities including: improving the criminal justice system, setting outcome-focused goals across departments and ensuring better data collection.

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 Mahmood, aimed at addressing critical prison overcrowding.

Amongst discussing historical context and years of inaction, the podcast also talks about the broader systemic changes needed, including probation service, mental health support and the role of the judiciary in sentencing reform. 

Ken and Tim also highlight the appointment of James Timpson as the new Prisons Minister and discuss his views on prison reform as well as the potential changes for the future of penal policy.

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. There are plenty more of these in this episode as Ken and Tim look back on the role of the ‘Gaukeward Squad’, the group of Tory rebels who voted against the government on the issue of Brexit, in shaping British politics today.

Ken and Tim discuss David’s experiences as a Conservative MP during truly turbulent times. The explusion of Gauke and rebel Tories had wide-reaching implications, the effects of which we are still experiencing. How does he view the current state of British politics now? What reform is needed in the prison system, and is Labour’s manifesto in this area enough to separate them from the Conservatives?