Kuuntele Double Jeopardy - UK Law and Politics

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 system in need of fundamental reform?   Connecting the dots between recent events, and the health of criminal justice in Britain is Professor Penney Lewis who joins Ken Macdonald KC and Tim Owen KC to explain, in accessible terms, insider legal perspectives on topics such as the basis on which the Court of Appeal decides whether a criminal conviction is unsafe; the admissibility of fresh, post-trial evidence;  the need for reform of juror secrecy; compensation for the wrongly convicted; and whether the Supreme Court should be able to decide for itself whether to entertain an appeal from the Court of Appeal (Criminal Division).    Link to the Law Commission’s Summary of its Consultation Paper on criminal appeals:  https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/54/2025/02/Criminal-Appeals-CP-Summary.pdf [https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/54/2025/02/Criminal-Appeals-CP-Summary.pdf]   Penney Lewis was formerly Professor of Law and Co-Director of the Centre of Medical Law and Ethics in the Dickson Poon School of Law, King’s College, London and is currently the Criminal Law Commissioner of the Law Commission of England and Wales.  The Law Commission is currently consulting on reforms to the law governing criminal appeals including the tests applied by appeal courts and the Criminal Cases Review Commission, post-trial retention of and access to evidence, and compensation and support for the wrongly convicted.    If you're looking for thoughtful legal system insights, a deeper understanding of UK politics, or an unflinching look at UK law and legal battles in Britain, this episode delivers it all. Law, politics, and justice - expertly unpacked on Double Jeopardy.   -----   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 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 at 6am GMT.   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.

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.   Renowned international lawyer Robert Amsterdam joins the conversation to explore the vital - and increasingly precarious -role of legal professionals in democratic societies. Amsterdam reflects on his own extraordinary journey through high-profile legal cases, from political prosecutions to international corporate disputes.   This episode focuses on current events in Ukraine, where a controversial draft law is raising alarms about human rights, religious freedom, client confidentiality, and the erosion of the rule of law. Together, they unpack the legal, political, and historical forces at play, while also connecting the dots to UK law, UK politics, prisons and sentencing, crime and punishment, and the broader criminal justice crisis.   From British politics explained to global struggles over human rights law, current political events, and the collision between politics and law, this episode reveals the hidden battles shaping justice today - and why they matter to us all.   ----- 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 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 at 6am GMT.   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.

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 [https://supremecourt.uk/cases/judgments/uksc-2024-0042] for a link to the judgment.   The discussion of this high-profile legal case tackles the legal system’s treatment of trans rights, women’s rights, and single-sex spaces, revealing the tensions at the heart of UK politics, human rights and equality  law.    Alongside hosts Ken Macdonald KC and Tim Owen KC, Karon explores the wider political issues in Britain, including the role of the EHRC and Stonewall in misrepresenting the law, the responsibilities of public institutions, and the rule of law in a polarised landscape. They also examine recent CPS guidance on consent and deception in sexual offences, raising crucial questions about the legal boundaries of sex, identity, and freedom of expression.   With sharp analysis and expert legal commentary, this episode offers key legal system insights into the definitions of sex and gender in UK equality law, the balance of rights between different protected groups, and the future of politics and law in Britain. ----- 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 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 at 6am GMT.   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.

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 Macdonald KC and Tim Owen KC begin with a scathing analysis of media misreporting on high-profile legal cases, including sensational headlines about immigration rulings that bear little resemblance to actual judicial decisions. Their discussion highlights the consequences of misinformation and the critical need for accurate, responsible journalism when reporting on UK law.   They also discuss the legitimacy of political interference in a live criminal investigation, questioning the Justice Secretary’s tweet calling for “the strongest possible punishment”  in the aftermath of the HMP Frankland prison attack. Is it another example of the Lord Chancellor’s lack of understanding of the separation of powers, or just the new norm in UK politics?   Ken and Tim examine the evolving debate about “thin” and “thick” theories of the rule of law, including a discussion of international legal obligations, parliamentary sovereignty, and the ideological battle playing out in the corridors of Westminster. With references to Lord Bingham, Lord Wolfson KC, Professor Richard Ekins and Attorney General Lord Hermer KC, they consider what these distinctions mean for the future of UK politics and the ongoing crisis of both criminal and civil justice.   Finally, the episode turns to Labour’s shifting identity under Keir Starmer, dissecting the emergence of “Hard Labour” and what a security-first political agenda means for freedom of expression, human rights law, and the broader relationship between politics and law. From prisons and sentencing to the principles that govern crime and punishment, Double Jeopardy offers expert legal commentary that helps listeners understand how current events and current political events intersect with the UK’s evolving legal framework. ----- 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 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 at 6am GMT.   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.

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 crisis in the UK.   Ken Macdonald KC and Tim Owen KC are joined by Ian Winter KC , a leading criminal silk, and the conversation explores how too many miscarriages of justice should force reform of  the UK Justice System, with particular focus on the challenges faced by both prosecution and defence in the UK legal system. The discussion highlights how outdated practices in prosecution disclosure contribute to delays and injustices, and how the recommendations made by Jonathan Fisher KC aim to address these issues.   They also discuss the role of AI in law in improving the disclosure process, a potential game-changer for the legal system. This exploration of AI in law speaks to broader issues of technology’s role in the criminal justice system and its intersection with human rights law, judicial independence, and the rule of law. This episode emphasises the need for better training and a cultural shift within the legal system to meet modern expectations of justice, fairness, and transparency.   From the importance of proportionality in disclosure to the challenges around redaction, this conversation highlights critical legal issues in Britain and how they relate to the evolving dynamics of politics and law. Double Jeopardy offers expert legal commentary on a high-profile legal case that could transform UK law and impact the way future criminal trials are handled. ----- 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 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 at 6am GMT.   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.