What happens when the criminal justice system gets it wrong and takes years to admit it? And what does it say about the state of UK law when protestors are labelled terrorists while populists call for military-built prisons?

From the Supreme Court’s critical judgment in the high-profile legal case against the LIBOR (London Interbank Offered Rate) traders calling out systemic failure in the appeals process to the explosive policy platform launched by Reform UK, this episode of Double Jeopardy covers the legal and political stories reshaping public discourse. Ken Macdonald KC and Tim Owen KC unpack a series of developments exposing deep fault lines in British politics, freedom of expression, and the rule of law.

They also return to the government’s decision to proscribe Palestine Action under terrorism legislation raising urgent questions about human rights law, the policing of protest, and the erosion of civil liberties under the banner of national security.

You can find the Supreme Court judgment in Rex v Hayes & Palombo here.

Carlo Palombo was represented by Tim Owen KC, Jonathan Crow CVO, KC, Katherine Hardcastle, Tim James-Matthews and Elizabeth Walsh instructed by Ben Rose of Hickman & Rose.  Tom Hayes was represented by Adrian Darbishire KC and Tom Doble instructed by Karen Todner.

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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 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, 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.

Is it ever justified for the Government to secure a superinjunction in the face of a perceived risk to the life and limb of countless individuals caused by human error?  A catastrophic data leak in February 2022 exposed over 18,000 Afghan applicants for resettlement in the UK to violent retribution by the Taliban and a superinjunction granted in August 2023 prevented Parliament and the public from knowing what had happened.  Public law specialist, solicitor Daniel Carey has spent years litigating on behalf of Afghan allies left behind after the Taliban takeover in August 2021, confronting a bewildering and overwhelmed Government bureaucracy, flawed risk assessments, and a system marred by secrecy and delay. He joins Ken Macdonald KC and Tim Owen KC on Double Jeopardy to discuss how his experience reveals fundamental problems in the UK’s Afghan Relocation and Assistance Policy (ARAP) and raises urgent questions about the proper role of superinjunctions in national security matters and whether Parliament in some form had a right to know about a catastrophe involving risk to life as well as huge financial consequences.

They interrogate the government's decision to keep Parliament in the dark, the controversial court rulings on freedom of expression, and the impact of the Rimmer report which led to the lifting of the superinjunction and the closure of all the Afghan resettlement scheme despite a continuing risk to life.

This is an episode rich in expert legal commentary and essential context for anyone seeking to understand how UK politics, the rule of law, and the legal system intersect in moments of national crisis. 

Link to judgments can be found here.

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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 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, 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.

The UK criminal justice system is facing an existential threat with court backlogs surging, trial complexity increasing, and decades of chronic underfunding pushing the system to the edge of collapse. Ken Macdonald KC and Tim Owen KC are joined by Sir Brian Leveson to discuss the findings of his landmark independent review of the criminal courts. 

The discussion explores proposals to overhaul the structure of criminal trials, reduce pressure on the courts, and restore public trust touching on key issues such as:

These recommendations sit at the heart of a wider debate about the future of UK law, political issues in Britain, and the balance between justice, efficiency, and liberty. The episode interrogates what’s at stake for the rule of law, judicial independence, and the public’s faith in a fair, functioning system.

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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 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, 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.

The Crown Prosecution Service (CPS) is reviewing new allegations against Letby herself, alongside claims of corporate failings that could amount to corporate manslaughter. As police investigate, questions are mounting about accountability at the highest levels of the health system and beyond. As police escalate their investigation into the National Health Service (NHS) leadership, three former senior managers at the Countess of Chester Hospital have been arrested on suspicion of gross negligence manslaughter. 

Focusing on one of the most high-profile legal cases in recent memory to broader political issues in Britain from the legality of Israel and US military action under international law, to the complexities of legal privilege in criminal appeals, this conversation also marks the anniversary of the 7/7 bombings, examining how crises reshape laws on prisons and sentencing, freedom of expression, and crime and punishment.

Double Jeopardy returns with Ken Macdonald KC and Tim Owen KC to unpack the deeper legal and political implications behind the headlines offering expert legal commentary that connects current events with long-term challenges in UK politics, UK law, and the ongoing criminal justice crisis.

You can find the blog post from The Jolly Contrarian titled Lucy Letby: waiver of privilege?  Here.

If you'd like to listen through all our episodes about Lucy Letby, you can find them here:

Lucy Letby’s Victims Strike Back: Identification Evidence, Miscarriages of Justice and Legal System Insights into How UK Juries Reach their Verdicts 

Release Date: March, 26, 2025

Lucy Letby: The Experts Break Cover

Release Date: February, 12, 2025

Lucy Letby, Fair Trials, and a Conservative Path to Justice 

Release Date: November, 13, 2024

⁠Lucy Letby Part 2: The Response 

Release Date: August, 27, 2024

Lucy Letby The Shadow of a Doubt?

Release Date: August, 16, 2024

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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 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, 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.

Has the United States & Israel broken international law by bombing Iran?

Or was it an act of Self-Defence?

Professor Marko Milanovic, a leading expert in international law joins Ken Macdonald KC and Tim Owen KC to assess the legality of the recent Israeli and US military actions against Iranian nuclear facilities. 

From Article 51 of the UN Charter to the legacy of the Caroline Doctrine, the discussion dives deep into the legal justifications for self-defence, the meaning of "imminent threat," and whether international law permits pre-emptive force in the face of existential danger.

Professor Milanovic challenges political and legal narratives from NATO, UK politicians, and beyond—exploring whether Israel and the U.S. were acting within the bounds of law, or eroding the very norms that exist to prevent war.

You can read Professor Milanovic’s recent blog post here.

—

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 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, 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.

How should members of Parliament decide matters of life and death? In the midst of passionate public debate, Parliament has begun to rewrite the legal boundaries around abortion and assisted dying, but what does that mean for the future of UK law? And has the United States broken international law by bombing Iran?

Ken Macdonald KC and Tim Owen KC explore the shifting lines of morality, medicine, legality and war in some of Britain’s most divisive debates. They examine the legal, ethical, and political fallout of recent reforms, including the decriminalisation of abortion and the proposed assisted dying bill, raising urgent questions about how laws evolve to reflect modern values.

They’re joined by Labour MP Tonia Antoniazzi, who sponsored the abortion amendment. She offers powerful insight into the parliamentary process, the resistance reformers face, and what it means to legislate on issues where conscience, religion, and human rights collide.

From politics and law to freedom of expression, from crime and punishment to the morality of modern warfare, this episode offers rigorous expert legal commentary on today’s most sensitive current political events. With a focus on how British politics navigates questions of life, death, and dignity - and what that reveals about the state of our legal system.

What happens when a justice system is asked to do more with less and at what cost to fairness, freedom, and the rule of law?

Crime and justice commentator Danny Shaw appears on the show to examine the political and legal fallout from the UK government’s spending review. With stretched police forces, an underfunded probation service, and mounting pressure on the courts and the prisons, how can Labour’s Manifesto commitment to “Take Back Our Streets” be fulfilled ?

Ken and Tim then turn to the bulging Double Jeopardy postbag and tackle listeners’ questions and comments on the proposed reforms anticipated in the Leveson Review such as judge-only trials, as well as the implications of potential changes to abortion law in England Wales. What do these shifts mean for prosecutors, defendants, and the future of jury trials in Britain? And when are jurors entitled to follow their consciences rather than the evidence? 

From prisons and sentencing to digital forensics and judicial independence, this episode offers expert legal commentary on the most pressing political issues in Britain today set against the broader backdrop of UK politics. Expect sharp, accessible legal system insights for anyone trying to make sense of current events and current political events.

You can find the link to the Judgment in the Trudy Warner case here and the Report of the Westminster Commission on Miscarriages of Justice on Forensic Science here.

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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 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, 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.

Is Britain still a world leader in forensic science or are we sleepwalking into a criminal justice crisis?

Once considered the gold standard, the UK’s forensic science system is not working well for anyone – not for the police, not for the suppliers of services, not for the courts and, by extension, not for the public.  Yet we all believe it to be a critical tool that we can rely upon to bring the guilty to justice and exonerate the innocent.

Ken Macdonald KC and Tim Owen KC are joined by two of the UK’s most respected forensic science experts - Baroness Sue Black and Dr Angela Gallop CBE - to investigate the breakdown of forensic science in England and Wales and what it means for justice. The guests explain how these changes have led to miscarriages of justice, undermining trust in both science and the legal system.

As co-chairs of the Westminster Commission on Forensic Science, Sue and Angela outline urgent recommendations: create a National Forensic Science Institute, invest in independent research, and reform the funding of the defence to ensure equality of arms in the courtroom. This is a powerful and timely discussion that cuts to the heart of British politics, UK law, and the fight to uphold the rule of law.

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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 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, 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.

Why does Britain lock up so many people and is there a better way?

The UK has the highest incarceration rate in Western Europe, yet reoffending remains rampant and prisons are at breaking point. What’s gone wrong in our approach to crime and punishment - and is the public ready for a smarter, more effective system?

Former Justice Secretary David Gauke, chair of the Independent Sentencing Review, joins Double Jeopardy to examine the findings and implications of the Review, a landmark report that lays bare the dysfunction of the current UK law and criminal justice framework. From overreliance on short custodial sentences to the urgent need for investment in community penalties and a revitalised probation service, the conversation pulls no punches.

Ken Macdonald KC and Tim Owen KC explore the report’s five key recommendations with David Gauke, the media and political issues in Britain, and the public’s resistance to reform. They discuss the misuse of short prison sentences, the potential of technology like electronic tagging, and the need for coherence between the Ministry of Justice and the Home Office.

They also highlight topics including voluntary chemical suppressants for sex offenders and the disconnect between policy and public opinion. As they explain, true reform requires courage, leadership, and a commitment to the rule of law but in a febrile political climate, that’s easier said than done.

You can find the link to David Gauke’s report here.

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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 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, 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.

What if your political beliefs on Brexit, climate change or even gender identity were being subtly shaped by a foreign power?

From hostile state actors exploiting social media to the legal grey zone between terrorism and subversion, Jonathan Hall KC, the UK’s Independent Reviewer of Terrorism and State Threat Legislation joins Double Jeopardy to unpack the expanding world of national security, free speech and democratic accountability.

Exploring whether new powers are needed or if Britain is on the brink of overreach with current political events involving Russian and Iranian interference, the proposal to "proscribe" state intelligence agencies like the IRGC, and the balance between politics and law when it comes to protecting democracy.

Jonathan makes the case for stronger laws with built-in judicial independence, while Ken Macdonald KC and Tim Owen KC raise critical questions about political accountability, freedom of expression and whether expanding surveillance risks undermining the very values the UK claims to defend.

Expect thoughtful legal system insights and bold discussion on UK law and politics in an age of growing foreign state threats, homing in on the rising tension between human rights law and national security.

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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 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, 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.