Double Jeopardy - The Law and Politics Podcast

Double Jeopardy Podcast
  • 3.5 (2)
  • POLITICS
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Double Jeopardy - The Law and Politics Podcast

The prosecution: Ken Macdonald KC and Tim Owen KC The defendant: British politics, the legal system and the media. The charges: You’ll have to listen to find out. With decades of experience behind them, Ken and Tim bring you an insider’s analysis of the latest legal battles, high-profile cases, and emerging political issues happening across Britain. This is ‘Double Jeopardy’, The Law and Politics Podcast.

  1. 4 DAYS AGO

    Immigration, Asylum and Liberal Democracy

    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

    26 min

  2. FEB 12

    Lucy Letby: The Experts Break Cover

    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?

    32 min

  3. FEB 5

    The Stolen Honour of Andrew Malkinson

    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?

    37 min

  4. JAN 29

    Southport, Terrorism and Whole Life Tariffs

    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.

    28 min

  5. JAN 22

    Listening to Criminals

    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 opposition?   For context, Ken and Tim look at the 2020 joint French/Dutch police operation which led to the demise of  EncroChat (the so-called “WhatsApp for professional criminals”) and  the many successful prosecutions that followed in the UK and across Europe, as courts listened to criminals planning their crimes in real time.   Virtually every other fair trial country relies heavily on intercept evidence to fight terrorism and organised crime. Why does the UK continue to stand against it?

    26 min

  6. JAN 15

    Foreign Interference in the Age of TikTok and Musk

    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 far-reaching impact of the National Security Act.   The conversation explores emerging  power dynamics between tech companies and nation states, raising critical questions about  potential security threats posed by companies like X, Meta and TikTok.   In the light of recent noises from the Trump team, they also address the thorny question of the repatriation of British Islamic State prisoners to the UK. Should Shamima Begum and others be brought home to be dealt with here, as the Americans demand? Finally, Ken and Tim consider  whether Liz Truss’s recent threat to sue Keir Starmer for defamation is the weirdest legal action of all time.

    29 min

  7. JAN 8

    Spies, Royals and Elon Musk

    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 business relationships with China, and MI5's safety first approach to foreign influence.    Sticking with national security, they discuss the trial of the GCHQ analyst Katherine Gun, who was accused of leaking a classified document to the press. Ken explains what led him to drop the case against her, and the role of the security services in that decision.    Finally, they look at Elon Musk's increasingly bizarre interventions into UK domestic politics, and consider Keir Starmer's response.

    36 min

  8. 12/18/2024

    Review of the Year with Joshua Rozenberg

    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 delicate balance between legal principles and public confidence.    And through it all, Double Jeopardy has been bringing expert comment and the sharpest analysis wherever law and politics collide.   In this final episode of the year, Ken Macdonald and Tim Owen are joined by renowned legal commentator Joshua Rozenberg to look back on 2024. What were its defining legal and political moments ? Where is police accountability after the Chris Kaba shooting? Have we heard the last of Lucy Letby, and why is the government not doing more to rescue a crumbling justice system? Together, they examine the structural and cultural challenges facing the courts and legal institutions, exploring how these events are shaping public trust- and perhaps damaging it to the point of no repair.   This is not just a retrospective; it’s a critical interrogation of justice today. With sharp insights and deep analysis, this episode unpacks the interplay of law, politics, and public sentiment in shaping the UK's legal landscape.

    38 min
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Ratings & Reviews

3.5
out of 5
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About

The prosecution: Ken Macdonald KC and Tim Owen KC The defendant: British politics, the legal system and the media. The charges: You’ll have to listen to find out. With decades of experience behind them, Ken and Tim bring you an insider’s analysis of the latest legal battles, high-profile cases, and emerging political issues happening across Britain. This is ‘Double Jeopardy’, The Law and Politics Podcast.

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