Is the UK heading toward a constitutional clash over crime and justice? 

Exploring a wide range of pressing issues, from the government’s proposed emergency legislation to override revised sentencing guidelines, to the implications of an international summit on organised migration crime. Examining the complexities of asylum claims, the growing controversy around Article 8 of the Human Rights Act, and how media narratives are shaping public perception of the UK legal system.

As expert legal commentators, Ken Macdonald KC and Tim Owen KC explore the mounting tension at the heart of UK law and politics - where legal principles collide with political pressure.

Ken and Tim also explore growing political pressures in the UK as they relate to pre-sentence reports, criticisms of the Sentencing Council, and the broader debate over a so-called two-tier justice system. They focus on the UK criminal justice crisis, rising prison populations, and the shifting line between the executive and the judiciary - highlighting real risks to judicial independence, the rule of law, and freedom of expression.

This is UK politics explained at its most urgent - where current events, high-profile legal cases, and ideological clashes converge. Whether you’re a lawyer, policymaker, or politically curious listener, Double Jeopardy delivers unmatched legal system insights and expert legal commentary from two of the UK’s most experienced legal voices.

First the letter from Lord Justice Davis to the Lord Chancellor dated 20th March 2025 can be found here.

 Just Stop Oil protesters appeal against sentence 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 at 6am GMT.

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.

Exploring the high-profile Lucy Letby case, and the dangers of relying too heavily on identification evidence, this episode of Double Jeopardy raises critical concerns about the ban on jury research and how it hampers efforts to improve the criminal justice system through controlled academic study.

As expert legal commentators, Tim Owen KC and Ken Macdonald KC unpack the importance of pre-sentence reports in sentencing decisions - highlighting how vital they are in a time of crisis within UK prisons. They also consider how public scrutiny and media pressure impact legal representation in high-stakes cases.

Through sharp insights into UK law and politics, the hosts focus on broader themes like the Rule of Law, judicial independence, and freedom of expression. This episode offers a timely and thought-provoking exploration of the intersection between crime and punishment, human rights law, and the UK’s adversarial legal 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 at 6am GMT.

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 UK criminal justice really heading towards a two-tier sentencing system? A fierce debate has erupted over the Sentencing Council’s new guidance on pre-sentence reports, which highlights the need for greater consideration of certain defendant groups, including ethnic minorities.

Critics argue that this risks creating an uneven playing field, while supporters insist it’s a necessary step toward fairness in sentencing. The Justice Secretary’s reaction has only added fuel to the fire - prompting a scathing six-page rebuke from Lord Justice William Davis, the Chair of the Sentencing Council. You can find his letter here.

Ken Macdonald KC and Tim Owen KC break down the implications of this controversy, before turning their attention to reports that No. 10 may introduce legislation to limit the influence of the European Convention on Human Rights (ECHR) in immigration cases. 

Does the threat of Europe-wide populism mean that we now have to view mass migration in a different way, and as a serious threat to the prevailing European culture of liberal democracy? 

Should terminally ill adults have the right to decide how and when they die? The Terminally Ill Adults (End of Life) Bill is discussed by Jake Richards MP and hosts Ken Macdonald KC and Tim Owen KC. 

They talk about the legislative process, from the intricacies of the committee stage to the broader implications of the private members' bill system. 

The discussion also focuses on the historical evolution of social change, counter arguments, and the critical safeguards built into the bill. 

Jake, who is the Labour MP for Rother Valley and a co-sponsor of the legislation, shares his personal motivations for championing this change in the law, emphasising the fundamental question at its core: should individuals be granted the autonomy to make their own end-of-life decisions?

Next, Ken and Tim turn to the extraordinary row caused by the recent Sentencing Council paper on pre-sentence reports for black and minority ethnic defendants. 

Why did Justice Secretary Shabana Mahmood join the Conservative attack that these proposals are an example of so-called two-tier justice? And will she really move to undermine the independence of the Council?

Finally, does the evidence that black defendants are treated more harshly by the criminal justice system really stack up?

Is tougher legislation the answer to crime, or is it just more political posturing?

The Government’s monster new Crime and Policing Bill promises to crack down on antisocial behaviour, knife crime, and retail theft. But is any of this really necessary, or is it just another example of performative lawmaking?

This episode unpacks the bill’s sweeping powers, the political motivations behind it, and asks whether existing laws already cover these issues. 

With police resources stretched thinly, what impact will these changes have on frontline policing and public confidence in the justice system? 

Ken Macdonald  KC and Tim Owen KC are joined by leadng commentator Danny Shaw to break it all down.

Why is UK penal policy failing so badly? 

This week, Ken Macdonald KC and Tim Owen KC are joined by former Secretary of State for Justice David Gauke, who has just published Part 1 of his Independent Review into Sentencing. In the face of falling crime, why do we have the highest prison population in Western Europe, and why can’t we reduce our expensive addiction to incarceration?  

The discussion looks at how other countries have embarked on a process of prison closures, and questions why a decades long penal arms race between the main UK political parties prevents us from doing the same.

Ken and Tim go on to review the Lady Chief Justice’s recent criticism of Kemi Badenoch and Keir Starmer, as she accuses them of completely misunderstanding a recent judgment granting a Gazan family leave to remain in the UK. Was Lady Carr right to intervene in this way?

A high-profile immigration case takes centre stage at Prime Minister’s Questions, sparking debate over refugee law and the reality of power politics in an age of populism. In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC dissect Kemi Badenoch’s focus on a controversial ruling involving a Palestinian family. 

They go on to consider the UN Convention on Refugees, and ask whether it remains viable in a new age of mass displacement and population movement.

How should governments respond to migration and asylum, when both are massive drivers of populist political movements seeking to promote authoritarianism and destroy liberal democracy?

Finally, Ken and Tim return to the campaign to remove Richard Hermer from his position as Attorney General. Don’t these coordinated attacks, coming from his own ministers, and directed against his close friend and ally, make Keir Starmer himself look weak?

You can find a link to the Gaza judgement here

And the Lady Chief Justice’s angry response to the attack on the Upper Tribunal Judge here

Ken Macdonald KC and Tim Owen KC explore the latest developments in the case of Lucy Letby, as her new barrister holds a second press conference revealing the conclusion of 14 experts that every baby died either as a result of natural causes or because of medical neglect. 

Do these new medical opinions ‘demolish’ the evidence of the prosecution experts, as her new barrister claims? Or, as some allege, has this new analysis taken place in a vacuum, ignoring  all the circumstantial evidence presented to the jury confirming the Crown’s expert testimony that these infants were deliberately harmed, and that their attacker was  Lucy Letby?

Ken and Tim also consider the stance of the CCRC in the face of what will certainly be a robust prosecution response to this new material, and look at the approach likely to be taken by the Court of Appeal if the case is referred back to it by the CCRC.

Finally the discussion turns to the increasingly concerted attacks from within government on Richard Hermer, the Attorney General. What does this obviously coordinated campaign of hostile briefing tell us about the relationship between a new Labour administration led by a former human rights barrister, and the law?

Ken Macdonald KC and Tim Owen KC are joined by guest Chris Henley KC, to explore the terrible miscarriage of justice which led to Andrew Malkinson spending 17 years in prison for a rape he didn’t commit.

Looking at Chris’s report into the scandal, they examine the failures of the Criminal Cases Review Commission, and  its atrocious mishandling of crucial DNA evidence.  What lay behind the CCRC’s reluctance to revisit this wrongful conviction, and why did it betray its founding mission? 

They also consider the danger of relying on identification evidence, and the Court of Appeal’s much overdue quashing of Malkinson’s conviction, which it delivered with no apology.

Why is there still such cultural resistance to the idea that innocent people can be convicted? And why aren’t Court of Appeal judges providing a stronger lead in uncovering injustice?

Ken Macdonald KC and Tim Owen KC review the Southport murder trial, following Axel Rudakubana's sentencing to life imprisonment with a minimum term of 52 years for the murders of three girls in Southport in July 2024.

The discussion examines the implications of recent legislative changes surrounding whole life orders for young people, the public's reaction to severe sentencing, and the challenges of defining terrorism within the legal framework. 

The episode concludes by considering  the effectiveness of the Prevent program in identifying potential threats and the difficulties of media reporting in high-profile cases.