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Double Jeopardy - UK Law and Politics

Ken Macdonald KC and Tim Owen KC

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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 present and future. What happens when law and politics collide? How do politics shape the ...
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The Hearing is a legal podcast from Thomson Reuters. Listen to insightful discussions with lawyers, legal experts, and other interesting people connected to the legal industry. We delve into anything and everything – trailblazers in the law, the latest insights on legal innovation and trends, and how the profession is evolving. With hosts based in the UK and the US, we cover issues around the globe. Our hosts: Becky Annison – Trained at a London law firm before moving in-house. Spent 12 year ...
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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…
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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 Ga…
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Host Becky Annison explores the UK's court backlog crisis and its troubling ripple effects throughout the justice system. Her guest, Adrian Usher, the UK’s Prisons and Probation Ombudsman, explains how delayed trials are creating a bottleneck in prisons, with some Crown Court cases now being scheduled as far ahead as 2028, and he outlines the human…
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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 un…
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In three of the four nations of the UK, abortion remains a crime under legislation passed in 1861, subject to the exemptions from criminal liability in the Abortion Act 1967. Paradoxically, abortion was decriminalised in Northern Ireland in 2019, so that it is now seen as a matter of healthcare rather than the criminal law. Recent prosecutions in E…
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The clash between David Wolfson KC’s “thin” interpretation of legal principle and Attorney General Richard Hermer’s “thick” is explained through the experienced legal eyes of Ken Macdonald KC and Tim Owen KC on this episode of Double Jeopardy. They dig into the political implications of these contrasting views, the role of parliamentary sovereignty…
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In a profession that celebrates achievement and relentless work ethic, what happens to the mental and physical wellbeing of those caught in this culture? Following our previous exploration of the mental health crisis in the legal community, this episode delves deeper into practical solutions. Join host Teneé Frazier as she welcomes Kerry Lawlor, ps…
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Given the gross miscarriages of justice exposed by the Post Office/Horizon scandal, the extraordinary delay in reversing the wrongful conviction of Andrew Malkinson due to repeated failures by the Criminal Cases Review Commission and the continuing calls for the case of Lucy Letby to be referred back to the Court of Appeal, is the criminal appeal s…
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As support for populist movements grows, judicial independence and the rule of law are increasingly under attack. Lawyers around the world are becoming front-line defenders of democracy - and paying the price. Double Jeopardy hosts Ken Macdonald KC and Tim Owen KC explain the situation with expert legal commentary and legal system insights. Renowne…
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Who protects women when the very systems that are supposed to protect them, like the police and the broader legal system, refuse to, or even worse, are causing the harm in the first place? This episode's guest has been fighting against the systemic challenges women face in securing justice for decades. And she has some extraordinary stories to tell…
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What does the law say about who counts as a woman - and who gets to decide? Unpacking the UK Supreme Court’s recent ruling on the definition of “woman” under the Equality Act 2010 and Gender Recognition Act is guest Karon Monaghan KC, one of the UK’s leading employment and discrimination law barristers. See here for a link to the judgment. The disc…
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What happens when political leaders and media outlets misrepresent court decisions, and how does this impact judicial independence and public trust in the UK legal system? A range of high-stakes UK law and UK politics issues that have dominated headlines recently are tackled in this listener-driven postbag edition of Double Jeopardy. Hosts Ken Macd…
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What happens when the very foundation of criminal justice - the prosecution disclosure process to the defence - fails to meet modern demands? This episode focuses on the Fisher Report, a groundbreaking review that addresses the critical issues surrounding prosecution disclosure in complex criminal trials, a key issue in the ongoing criminal justice…
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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 contr…
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Most people would agree that lawyers and doctors should have professional licenses and oversight to protect the public from malpractice. But does the licensing system actually serve its intended purpose? In this episode, join host Janelle Wrigley for an insightful conversation with Professor Rebecca Haw Allensworth of Vanderbilt Law School, as she …
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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 …
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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, whil…
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Those who could benefit most from the legal system are often those least able to access it. As this episode's guest, Stephen Kinsella, notes, "There are only so many cake stalls and jumble sales you can have in a local community, in order to raise funds to pay a lawyer." So that's where his organisation, Law for Change, steps in – as a Community In…
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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. T…
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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…
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In this episode, Dan Nardello, the founder of top-tier investigative firm Nardello & Co., speaks with host Teneé Frazier about the evolving role of private investigations within the legal industry. They discuss the increasingly sophisticated nature of investigations, their essential role in complex litigation and dispute resolution, and the need fo…
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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 expen…
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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 conside…
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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 expe…
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The world can feel hopelessly polarised at times, especially on topics such as racism and criminal justice. If your spirits need lifting, and if you need reassurance that respectful dialogue is possible, even if people disagree with each other, then this episode is for you. Abimbola Johnson, a barrister at London's Doughty Street Chambers, speaks w…
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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 cr…
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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 …
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In a recent survey, 79% of legal professionals said they felt the profession had negatively affected their mental health. And over 15% had even considered suicide. These are two of the worrying statistics we learned from this episode's guest, Kent Halkett. Kent is an attorney with the Tennessee Alliance for Legal Services who has written articles a…
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In this episode, Ken Macdonald KC and Tim Owen KC examine the powerful arguments for using telephone intercept evidence in UK criminal trials. Why are the security services so opposed to a reform that would obviously give a major boost to convicting terrorists and serious criminals, and why have successive governments failed to overcome this opposi…
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In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC engage in a thought-provoking discussion with their guest, Jonathan Hall KC, the independent reviewer of terrorism legislation and state threats. Together, they examine the implications of Elon Musk's influence on UK politics, the challenges posed by foreign interference, and the …
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We are leaving future generations to face more challenges than ever. Yet it can be incredibly difficult for governments to act for the long term when so many of their incentives encourage short-term thinking. In this episode, host Becky Annison chats with Derek Walker, the Future Generations Commissioner for Wales, about how Wales is attempting to …
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In the latest episode of Double Jeopardy, hosts Ken Macdonald KC and Tim Owen KC discuss the implications of the recent Chinese spy case involving Yang Tengbo and Prince Andrew. Looking at the role of the Special Immigration Appeals Commission, they consider the sensitive role of national security in immigration law, Britain's evolving view of busi…
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It’s been quite a year for law and politics in the UK. From the unravelling scandal of wrongful convictions in the Post Office Horizon cases, to the chilling aftermath of the Lucy Letby trial, questions about accountability and reform have never been more pressing, as growing scrutiny, and ever more polarised politics, continue to threaten the deli…
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Native Americans are fighting for their legal rights across many important fronts in the US. In this episode, Janelle Wrigley speaks with Matthew Campbell, Deputy Director of the Native American Rights Fund, about NARF's legal and advocacy work. Matthew and Janelle's wide-ranging discussion covers issues such as voting rights, the protection of pla…
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The announcement that the Ministry of Justice has commissioned the Law Commission to undertake a comprehensive review of homicide law and sentencing in murder cases alongside the Gauke review of sentencing in non-homicide cases means that sentencing policy in England and Wales will be reviewed simultaneously by two separate bodies. Given the role o…
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As the House of Commons casts an historic vote on assisted dying, the debate over this deeply contentious issue isn’t going away. If anything, the vote has ignited even stronger passions on both sides, particularly about the judiciary’s role in navigating such morally charged territory, making decisions over life and death. In the latest episode of…
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"The legal profession is going through significant transformation, and I thought that was a wonderful thing to try and grab with both hands and see what role or part I could play in making that a success," shares this week's guest, Lucie Allen. For this episode, Lucie Allen, the managing director of the legal education platform BARBRI, sits down wi…
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Why is the Terminally Ill Adults (End of Life) Bill being introduced as a Private Member’s Bill, and how does this approach compare to historical conscience-driven legislation like the Abortion Act or the abolition of capital punishment? In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen delve into the complex issues surrounding a…
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Is the cost of litigating free speech issues in the UK disproportionately high and what reforms might address the problem? In this episode of Double Jeopardy, Ken Macdonald and Tim Owen, together with leading media lawyer Gavin Millar KC, debate the irony of the Daily Mail’s recent victory before the the European Court of Human Rights over the issu…
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"From 1910 to 1997, Black Americans have lost 90 percent of farmland to heir property. The Department of Agriculture has deemed it the worst problem that you've never heard of." These are just two of the staggering facts we've learned about heir property from writer and author Terah Shelton Harris. Terah chats with new host Tenee' Frazier about her…
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Join Ken Macdonald and Tim Owen in this episode of Double Jeopardy as they discuss significant legal developments, including the recent Court of Appeal judgment roundly rejecting Lucy Letby’s argument that pre-trial publicity made her retrial unfair. Are jurors really unaffected by prejudicial media reports? They also look at the fascinating politi…
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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 M…
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"Mind your privilege, give not away your right!" With those words, William Penn urged the jurors in his 1670 religious freedom trial to remember the power and the responsibility of their role in the English judicial system. For this episode, we return to the topic of jury nullification – the power of juries to acquit despite evidence of the defenda…
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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 justic…
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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 p…
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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 pr…
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Content warning: This episode discusses sexual violence, domestic violence, and criminalized survivorship. If you or anyone you know needs help, please safely contact one of the organizations in our show notes. To mark Domestic Violence Awareness Month, Jenn sits down with Garrard Beeney to discuss his pro bono representation of Nicole "Nikki" Addi…
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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 …
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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 share…
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In this episode, Yasmin Sheikh interviews Bibi Badejo – a family law barrister at Four Brick Court chambers, in London, and an advocacy coach. Bibi recounts her journey into law and how she pursued advocacy despite an initial fear of public speaking and a hefty dose of imposter syndrome. These challenges early in her career motivated Bibi to improv…
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