Double Jeopardy - UK Law and Politics

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...

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...

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 of longer sentences for murder in increasing senten...

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 Double Jeopardy, Ken Macdonald and Tim Owen dis...

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 assisted dying, with a focus on the Terminally Il...

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 issue of the costs incurred in unsuccessfully defend...

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 political journey of the new Shadow Secretary of State f...

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 Macdonald and Tim Owen look at the row this pro...

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 justice issues for 31 years at the BBC and, more recent...

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 prosecute and how does the law of self-defence impa...

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 premature babies are uniquely vulnerable to medical...

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 the field. In this latest episode of Double Jeopar...

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 shares his insights on the need for change in our appro...

In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Akua Reindorf KC, a discrimination law expert at Cloisters Chambers, to discuss the Bar Standards Board's proposal to change a core duty of barristers from the requirement that they ‘should not unlawfully discriminate’ (which would be illegal), to a positive duty that they must ‘advance equality, diversity and incl...

In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Vine, a KC at Doughty Street Chambers, to discuss the sensitive and difficult issue of the way in which trials of rape and other serious sexual offences are conducted.    The trio discuss the complexities surrounding trials of sexual offences, particularly focusing on the special measures introduced to suppor...

In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Dan Neidle, Founder of Tax Policy Associates, to explore the finances of Stephen Yaxley-Lennon, the far-right street agitator and self-styled journalist who calls himself Tommy Robinson. The trio explore how Yaxley-Lennon has monetised his presence on the internet through ‘donations’ and ‘gifts’ from his followers,...

Hidden under the cloak of online anonymity, individuals in the UK have been charged and convicted of inciting and encouraging criminal behaviour without actively getting involved themselves.    Ken Macdonald and Tim Owen analyse the debate triggered in the wake of the August 2024 riots across the UK; should we and how do we regulate the internet more closely without infringing the fundamental righ...

The case of Lucy Letby is one of the most controversial cases in British legal history. As is well known, the neonatal nurse is currently serving 15 whole-life sentences for the murder of seven infants and the attempted murder of eight others. Her application for leave to appeal her convictions returned at her first trial was firmly rejected by the Court of Appeal on 2nd July 2024 as unarguable. ...

The case of Lucy Letby generated shock, revulsion and bewilderment, casting a long shadow over the trust that we place in those who care for the most vulnerable.  In the latest episode of Double Jeopardy, Ken and Tim discuss one of the most controversial cases in British legal history—the conviction of Lucy Letby, the neonatal nurse sentenced to 15 whole-life sentences for the murder of seven infa...

“UK riots shops boarded up as England braces for rioting. Thousands of officers on standby as police plan for up to 100 disturbances and 30 counter protests’ In this episode of Double Jeopardy Ken Macdonald and Tim Owen sit down to discuss the planned riots in response to the tragic Southport incident looking at how Keir Starmer is responding, the role of the courts and the suggestion we need to u...

After spending the best part of 15 years in party politics, Sarah Lunnon now believes that responding to the climate emergency needs a new democracy, a revolution rather than reform. In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Lunnon, former Green Party Councillor and Co-founder of Just Stop Oil, to discuss the lengthy sentences recently handed down on 5 Just...

The justice system in the UK has faced many challenges over the past 14 years, most notably funding cuts and a lack of resources. In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Fiona Rutherford the Chief Executive of JUSTICE to discuss the state of the justice system in the UK. They reflect on the past 14 years, discussing what has gone right, what has gone wrong and...

Mark Fairhurst, the National Chairman of the Prison Officers Association, returns to Double Jeopardy to further discuss the prison crisis, now a focal point in the first week of the new Labour government. Guided by hosts Ken Macdonald and Tim Owen, the conversation addresses the emergency measures announced by the new Lord Chancellor, Shabana Mahmood, aimed at addressing critical prison overcrowdi...

Ken Macdonald and Tim Owen are joined by David Gauke, Former Lord Chancellor and Secretary of State for Justice. In 2019 he resigned, saying he could no longer serve under Boris Johnson and risk a no-deal Brexit. After expulsion from the Conservative party, he said ‘at last I have something in common with Domonic Cummings.’ It was a poignant remark. There are plenty more of these in this episode a...

In this episode, of Double Jeopardy hosts Ken Macdonald and Tim Owen discuss the various aspects of Labour Party's manifesto which was launched on the 13th June 2024 ahead of the Election which is taking place on the 4th July 2024. This episode looks at the intricacies and implications of the proposed law and order policies. The manifesto, which is turning heads and sparking discussions nationwide...