Double Jeopardy - UK Law and Politics

To start the New Year, Ken Macdonald KC and Tim Owen KC are joined once again by the UK’s leading legal journalist and author of the daily blog, A Lawyer Writes, Joshua Rozenberg, to review some key issues in UK law and politics during 2025 and to look forward to likely developments in 2026.   Against the background of a polarised, often ill-informed, debate around migration, asylum and Article 8...

In Part 2 of their discussion with retired New Zealand High Court Judge and former Chief Crown Prosecutor for Auckland, Simon Moore KC, Ken Macdonald KC and Tim Owen KC discuss the extraordinary Pitcairn Island sexual abuse trials which took place between 2004-2006 and in which Simon headed the prosecution team. What finally triggered the investigation into what was eventually revealed to be insti...

In Part 1 of a special holiday release of Double Jeopardy, Ken Macdonald KC and Tim Owen KC are joined by the former New Zealand High Court Judge and Chief Crown Prosecutor for Auckland, Simon Moore KC.  At a time when comparisons are often made between the Leveson/Lammy proposals and the major reforms to New Zealand criminal justice system in 2011 flowing from its Criminal Procedure Act 2011 and...

As the UK joins 26 other Council of Europe States in calling for a rebalancing of the European Convention on Human Rights as between the individual rights of irregular migrants and the public interest in defending freedom and security, Ken Macdonald KC and Tim Owen KC discuss the political imperatives which drove Justice Secretary David Lammy and Attorney General Lord Hermer to attend a potentiall...

Are the Government’s proposals radically to reduce a citizen’s right to trial by jury a “swift and fair plan to get justice for victims”, as the MoJ press release declared on 2nd December, or a poorly conceived, confused and untested set of measures which will have no real impact on the Crown Court backlog or the general, long term crisis that afflicts our once admired criminal justice system?   ...

Does the Judgment of the Court of Appeal in the Palestinian Family case of IA & others v. Home Secretary - https://www.judiciary.uk/wp-content/uploads/2025/11/IA.MediaSummary. Final_.pdf - indicate that the Judges are submitting to the political pressure to weaken the protection that Article 8 of the European Convention of Human Rights provides for the concept of “family life”?    In asserting tha...

As the Courts Minister, Sarah Sackman, announces the Government’s intention to enact most of the recommendations in Sir Brian Leveson’s Independent Review of the Criminal Courts, including the abolition of the right to jury trial in cases of serious, complex fraud, Ken Macdonald KC and Tim Owen KC discuss the devastating attack on Leveson’s justification for Judge alone fraud trials launched by th...

Is Trump’s threat to sue the BBC for $1billion in a Florida Court over the Panorama documentary just another example of his baseless, abusive use of the Courts to intimidate media companies?  And should the BBC submit to his intimidation given the uncertainties of a Florida jury trial?   Ken Macdonald KC and Tim Owen KC are joined by leading media law Silk, Gavin Millar KC, to discuss what went wr...

Is Shabana Mahmood’s proposed overhaul of immigration policies, modelled on Denmark’s stringent system, likely to go too far? As the Justice Secretary sends officials to Denmark to study its famously strict asylum rules, is there a danger that a tougher approach will simply risk the Labour party losing votes to the Greens and Crobyn on its left? Or might a less liberal approach save Labour from Re...

Ken Macdonald KC and Tim Owen KC are joined by Chair of the Foreign Affairs Select Committee, Dame Emily Thornberry, to discuss the evidence given to the Joint Committee on the National Security Strategy by key individuals involved in the decisions to prosecute and ultimately abandon the Chinese Spying case (R v Cash and Berry).    In a highly unusual public examination of the collapse of a politi...

Does Shabana Mahmood, like Dominic Cummings before her, believe that the Home Office is a broken, dysfunctional bureaucratic institution that needs a radical overhaul?    In this week’s episode Ken Macdonald KC and Tim Owen KC discuss these and other questions with the former BBC Home Affairs Correspondent and former adviser to Yvette Cooper, Danny Shaw.  The trio respond to the publication of the...

With the China spying case continuing to generate headlines, mystery and yet more uncertainty surrounding the true reason for the DPP’s decision to drop charges against Chris Cash and Chris Berry under the Official Secrets Act 1911, and Double Jeopardy having been sent an anonymously leaked copy of his expert witness statement, Ken Macdonald KC and Tim Owen KC secure an exclusive interview with Pr...

In the wake of Robert Jenrick’s speech to the Conservative Party Conference likening Attorney General Lord Hermer KC to a “Mafia lawyer”,  accusing him and Keir Starmer of treason in relation to the Chagos Islands agreement and calling for the sacking of “activist” Judges together with the return of political appointments to our judiciary, Ken Macdonald KC and Tim Owen KC ask whether Jenrick’s dis...

After a brief explanation for the non-appearance of last week’s episode (severe back pain and hard-core painkillers) Ken Macdonald KC and Tim Owen KC review Reform’s rapidly evaporating policy agenda, Keir Starmer’s rhetorical revival and Kemi Badenoch’s predictable decision to dump the European Convention on Human Rights and repeal the Human Rights Act having taken legal advice from Lord Wolfson...

With Parliament in recess till mid-October, Ken Macdonald KC and Tim Owen KC reflect on a number of issues which have dominated the headlines over the past week.     After a brief apology from Tim for misquoting in last week’s episode Lord Hermer’s evidence to the House of Lords Constitution Committee on the issue of reform of the European Convention on Human Rights (ECHR), Ken and Tim discuss wha...

The recent mass arrests at Palestine Action protests, Tommy Robinson’s Unite the Kingdom rally, the turmoil generated by the sacking of Angela Rayner and Peter Mandelson and the political fall-out from the arrest of Graham Linehan all contribute to a mood of crisis in UK law and politics. Can a weakened and wounded Government reverse the tide?   Ken Macdonald KC and Tim Owen KC begin with an obitu...

Unpack one of the most dramatic moments in the life of the Labour government so far: Angela Rayner’s resignation, a sweeping cabinet reshuffle, and Shabana Mahmood’s arrival as Home Secretary. With David Lammy moved to Justice and Yvette Cooper shifted to the Foreign Office, what does this signal for immigration, asylum, and criminal justice reform? To explore the current events in UK politics, Ke...

Does the ECHR really block the UK’s ability to implement effective immigration/asylum policies? And why is Nigel Farage doing his best to persuade the foreign US government and its increasingly far right tech bro cronies, to bully the UK over the Online Safety Act, so recently passed by Parliament? And how does this behaviour align with his loudly professed patriotism and promotion of British sove...

Can the UK tighten its asylum policies without abandoning its commitments to human rights?  Ken Macdonald KC and Tim Owen KC provide expert legal commentary on the Bell Hotel Judgment and its far-reaching impact on the government’s asylum policy. They examine the legal reasoning, the clash between local and central government, and the Court of Appeal challenge now underway. The conversation also c...

Is Chris Philp’s tweet about the different outcomes in the Lucy Connolly/Ricky Jones cases simply moronic and embarrassing or something more sinister? What do the ITV and Panorama documentaries tell us about the safety of Lucy Letby’s convictions? What could potentially derail some of Sir Brian Leveson’s proposals for radical reform of the right to trial by jury? What impact will the Supreme Court...

In this week’s episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen are joined once again by an old friend of the podcast, the award-winning, former BBC, journalist and crime and justice commentator Danny Shaw. Together, they dive into the legal, political, and social repercussions faced by Palestine Action supporters following mass arrests in the wake of the decision to proscribe Palestin...

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 appea...

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...

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 th...

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 sen...