Undaunted by near unanimous opposition from the legal profession, the Government last week published the Courts and Tribunals Bill which, if enacted, will mean that roughly half of cases currently tried by juries will be decided either by magistrates or a single Crown Court Judge. And to discuss the content and implications of the bill, Ken Macdonald KC and Tim Owen KC are joined by the Chief Executive of JUSTICE, Fiona Rutherford who, in a previous life, was the Director of Access to Justice Policy at the Ministry of Justice as well as holding other frontline policy roles in the criminal justice sector.

Given David Lammy’s denunciation of previous Conservative Government proposals to limit jury trial in a series of 2020 tweets – “the opportunity to be judged by 12 peers is vital to prevent bias and ensure justice”, “the right to trial by your fellow citizens is fundamental to our democracy. It would be wrong of the government to abandon this valuable tradition for short-term benefit” – how on earth is he the right person to advocate such radical measures to undermine our system of trial by jury in all triable either way cases where the sentence can be up to three years imprisonment? In light of Lammy’s 2017 Independent Review into the treatment of BAME individuals in the criminal justice system, on what basis does he now believe that forcing more defendants to face trial by an unrepresentative body of lay Magistrates will be a fairer way of delivering justice?

And what lies behind the Courts Minister’s sudden awakening to the idea that abandoning trial by jury for a vast swathe of cases will actually be fairer for everyone as a matter of principle and that she would be advocating in favour of the reform proposals even if there was no Crown Court backlog? Finally, as the House of Commons begins its Second Reading of the Courts and Tribunals Bill, Ken, Tim and Fiona consider the prospects of another government U-turn in the face of reports of growing Labour backbench concern that the Lammy reform package will damage Labour’s commitment to justice and fairness without actually tackling the endemic problems which are the cause of the backlog. 

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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.

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