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Double Jeopardy - UK Law and Politics

Double Jeopardy - UK Law and Politics

By: Ken Macdonald KC and Tim Owen KC
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Summary

 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 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, human rights and the British Constitution. 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, and a leading voice on civil liberties. 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. Episode topics have included: -How UK politics is shaping the legal system and British politics explained – from judicial review of government decisions to the erosion of civil liberties. -The toxic confrontation between gender critical feminists and trans activists over what defines a woman in law. -The extent to which special measures intended to support vulnerable witnesses are making it harder to prosecute rape and other serious sexual offences. -Inside the most controversial legal cases – including human rights battles over immigration law, terrorism and national security, the Assisted Dying Bill and the gross miscarriage of justice in the Andrew Malkinson case. -Britain’s never ending criminal justice crisis – from overfilled prisons to policing policies that test the rule of law, threats to jury trial and the massive backlog of Crown Court cases. -Lucy Letby’s convictions, the media’s role, the Court of Appeal’s detailed rejection of her appeal and the fresh evidence which may demonstrate fundamental problems with the safety of the convictions. Episodes feature discussions with the most influential voices in law, politics, and justice, including: -Professor Kathleen Stock – leading gender critical feminist and Professor of Philosophy hounded out of her job at Sussex University discusses science, gender and the importance of free speech. -Joshua Rozenberg - Legal commentator and broadcaster reviewed major legal and political developments, including judicial independence, rule of law, and shifts in UK legal norms. -Baroness Brenda Hale – Former President of the Supreme Court discuss human rights, politicians and populist attacks on the judiciary. -Danny Shaw - Former BBC Home Affairs Correspondent explored the government’s Crime and Policing Bill, political motives behind law-and-order messaging, and public trust in the justice system. -Melanie Phillips – Times columnist and public commentator discussed the developing constitutional crisis in Israel arising from the Netenyahu government’s plans to trim the powers and role of Israel’s Supreme Court. If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll enjoy Double Jeopardy. If you would like to sponsor the podcast, contact us at info@thepodcastguys.co.uk. Political Science Politics & Government
Episodes
  • Iran - Trump’s Permanent War?

    Iran - Trump’s Permanent War?
    May 1 2026
    On 21st April, almost two months since the US launched Operation Epic Fury “to destroy Iranian offensive missiles, destroy Iranian missile production, destroy Iran’s navy and other security infrastructure” and “finally ensure that Iran will never have nuclear weapons”, the Office of the Legal Adviser to the State Department issued a detailed justification of the legality of the attack, asserting that the US “is acting well within the recognised contours of international law relating to the use of force and self-defence” (StateOperation Epic Fury and International Law - United States Department of State) To discuss the State Department Opinion, issued in the name of Legal Adviser Reed D Rubinstein, Ken Macdonald KC and Tim Owen KC are joined by the highly distinguished American academic, Professor Rebecca Ingber of the Cardozo School of Law (Rebecca Ingber). An expert in international law, national security, foreign relations law and constitutional separation of powers, Rebecca served as the Counselor on International Law in the Office of the Legal Adviser at the State Department between 2021-2023 and she brings practical experience of government service and academic expertise to dissect the various strands of the State Department’s belated legal justification for the war against Iran. Does the theory of a “continuing armed conflict” between Iran and the US/Israel, possibly dating back as far as 1979, stand up to legal scrutiny so that there was no need for a fresh assessment of necessity/proportionality before attacking Iran on 28th February ? -- 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    44 mins
  • Mandelson’s Vetting in Wonderland, and Victory for the Assisted Dying Filibuster

    Mandelson’s Vetting in Wonderland, and Victory for the Assisted Dying Filibuster
    Apr 22 2026
    With numerous former senior civil servants attacking Keir Starmer for his decision to sack Sir Olly Robbins – former Cabinet Secretary Lord Gus O'Donnell says the sacking “risks having a serious and sustained chilling effect on serving and prospective civil servants” - Ken Macdonald KC and Tim Owen KC examine the claim by those defending Robbins that he was forbidden by law from disclosing to Starmer even the bare outcome of Mandelson’s developed vetting process by UK Security Vetting. Does - as previous FCDO Perm Sec Lord Simon McDonald has said - the Constitutional Reform and Governance Act 2010 and the terms of the Civil Service Code have the legal consequence that any disclosure to Ministers, including the Prime Minister, of any aspect of the developed vetting process is contrary to law? Or is this just an example of the Mandarin class being addicted to secrecy and control to the point that deprives Ministers of obviously relevant material for no clear legal reason? Following on from last week’s episode with Kathleen Stock on the Assisted Dying Bill, Ken and Tim reflect on the briefing paper drafted by Humanists UK and My Death, My Decision which sets out the blatant efforts of 7 Peers to talk the Bill out in the Lords in full knowledge that were the House of Lords to be allowed to vote on it, the Bill would be passed - https://humanists.uk/2026/04/20/lords-assisted-dying-debate-transcript-is-longer-than-war-and-peace-filibuster-clear-and-obvious/#:~:text=Humanists%20UK%20and%20My%20Death%2C%20My%20Decision,the%20filibuster%2C%20and%20the%20final%20debate%20will. Finally, Ken and Tim discuss the legitimacy and future of private prosecutions in the wake of a scathing judgment issued last week by Senior District Judge Goldspring at Westminster Magistrates' Court in response to an attempt by the International Centre of Justice for Palestinians to issue a summons alleging a breach of the Foreign Enlistment Act 1870 against a dual British-Israel citizen who had re-enlisted in the Israel Defense Force in October 2023 - https://www.scribd.com/document/1028546698/ICJP-v-A-judgment?utm_source=substack&utm_medium=email -- 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.​ Learn more about your ad choices. Visit megaphone.fm/adchoices
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    36 mins
  • Kathleen Stock on the Right to Die, Freedom, Death, and Mercy

    Kathleen Stock on the Right to Die, Freedom, Death, and Mercy
    Apr 15 2026
    With Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill apparently doomed to extinction thanks to the co-ordinated efforts of a handful of Peers determined to ensure it cannot complete scrutiny in the House of Lords, the future looks bleak for any form of assisted dying legislation to become law in the UK any time soon. To discuss the arguments for and against the Leadbeater Bill, Ken and Tim – both supporters of some form of assisted dying legislation – are joined by philosopher and writer Kathleen Stock to discuss her new book Do Not Go Gentle, which is a vivid, fierce and, at times, angry secular polemic against a state-assisted death service, regardless of the circumstances of those who may wish such assistance. Stock argues that state-sanctioned assisted dying is a “moral disaster” against which we should rage rather than a liberal, progressive development. Resting her thesis on the idea that the “right to die” is a hollow concept that creates more harm than freedom, Kathleen challenges the illusion of autonomy that she says underpins the thinking of those who support assisted dying and warns of the slippery slope that inevitably, she says, expands the criteria from those with a terminal diagnosis to include chronic pain, disability, and those struggling with mental health issues. In a lively debate, Ken and Tim challenge Kathleen’s description of the campaign for the Leadbeater Bill as a “hobby horse of the comfortable and the rich who have a fear of death and believe they have a right to control when they die”, and argue that the experience of countries which have had assisted dying legislation on the statute book for many years does not support her dystopian view of the UK once state-assisted dying is lawful in some, albeit limited, circumstances. -- 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    46 mins
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