Episodios

  • Why Did The Chinese Spying Case Really Collapse? Double Jeopardy Receives a Leaked Copy of the Defence’s Expert Report and an Exclusive Interview With Its Author, Professor Kerry Brown (who was not the source of the leak!)

    Why Did The Chinese Spying Case Really Collapse? Double Jeopardy Receives a Leaked Copy of the Defence’s Expert Report and an Exclusive Interview With Its Author, Professor Kerry Brown (who was not the source of the leak!)
    Oct 22 2025
    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 Professor Kerry Brown, the former UK diplomat, academic and China expert who was due to be a defence witness on behalf of Chris Berry had the case gone to trial. Ken and Tim discuss with Prof Brown a number of the issues he was due to cover at the trial – the recent history of UK/China relations; the networks in Britain engaged with China; the structure of decision-making in China; whether Chris Berry could conceivably have met the second most powerful man in China, Cai Qi, as the Security Services had “assessed”, in the course of his alleged spying activities; analysis of the likely security and intelligence value of the information passed between Cash, Berry and the alleged Chinese State Security agent “Alex”; and, finally, the concept of China as an “enemy” State. Bearing in mind the force, clarity and weight which was bound to be attached to Prof Brown’s defence report, Ken and Tim suggest that the timing of the service of his report and the DPP’s decision to drop the case appears to be more than a coincidence. Was service of the Brown report on 29th August 2025 the trigger for the meeting convened on 1st September (Chaired by National Security Adviser Jonathan Powell and attended by 20 senior mandarins and spy chiefs as well as Doug Wilson, director-general of the attorney general’s office) where the general theme was how the UK’s relationship with China was going to be damaged by the case and where the main “action point”, according to Caroline Wheeler’s well briefed article in the Times, was for the AG’s office to relay these concerns to the DPP? The duo conclude by agreeing that unless and until the written advice given to the DPP by prosecuting counsel, Tom Little KC, as to why the case was dropped is published following a waiver of privilege by the Attorney General, the mystery surrounding this case will continue. ----------- 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.  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.
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    49 m
  • Can Jenrick Go Any Lower? Plus Palestine Action, Chinese Spying and Burning the Koran

    Can Jenrick Go Any Lower? Plus Palestine Action, Chinese Spying and Burning the Koran
    Oct 15 2025
    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 disgusting, populist bile make him the Stephen Miller of UK politics. They also debate the Government’s kneejerk response to further demonstrations in support of Palestine Action in the form of Shabana Mahmood’s promise to legislate to ban protests on the basis of “cumulative disruption” to the community, despite there being ample powers under existing laws to do just that. The duo then revisit the continuing mystery of why the DPP felt he had to abandon the criminal trial of Christopher Berry and Christoper Cash on charges of spying for China under the Official Secrets Act 1911 before finishing with praise for the judgment of Mr Justice Bennathan in acquitting a Turkish man for burning a Koran outside the Turkish Consulate in Knightsbridge earlier this year in protest at the Islamisation policies of the Erdogan government. Who said freedom of speech is dead in the UK? See the Bonavero Institute of Human Rights Report on the downright lies, lazy misrepresentations and repeated distortions in media reporting of the ECHR and the case law on the issue of deportation of foreign criminals under Article 8 - https://www.law.ox.ac.uk/sites/default/files/2025-09/European%20Convention%20on%20Human%20Rights%20… --- 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.
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    36 m
  • ECHR Rights, Cruelty, Chinese Whispers, and the Tyranny of Tech Bros in UK Politics

    ECHR Rights, Cruelty, Chinese Whispers, and the Tyranny of Tech Bros in UK Politics
    Oct 8 2025
    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 KC. They then revisit the mysterious – and as yet unexplained – decision by the DPP to abandon the prosecution of Christopher Cash and Christopher Berry on charges of spying for China two weeks before their Old Bailey trial was due to start. Was it really because UK National Security adviser Jonathan Powell directed that China could not be characterised in open court as “an enemy” under the Official Secrets Act 1911, thereby shafting the prosecution’s case at the eleventh hour? Or was it to avoid the embarrassment of a hopelessly weak case being exposed by the defence? Finally, Ken celebrates Ed Miliband’s Conference call for Elon Musk “to get the hell out of our politics” and doubles down on his contempt for the Silicon Valley tech tyrants who seek to lecture us about free speech and cancel culture. --- 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.
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    45 m
  • Lucy Letby’s Trial Strategy Under the Spotlight, Why the Chinese Spy Case Collapsed, and Meta’s New Low

    Lucy Letby’s Trial Strategy Under the Spotlight, Why the Chinese Spy Case Collapsed, and Meta’s New Low
    Sep 24 2025
    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 what may lie behind the Director of Public Prosecutions’ (DPP) decision suddenly to drop serious charges of spying for China contrary to the Official Secrets Act 1911 against Christopher Berry and Christopher Cash only a few weeks before they were due to stand trial at the Old Bailey – was it because of the legal difficulty in proving that China was an “enemy” State? Or, more likely, was it because the DPP concluded that his duty of disclosure to secure a fair trial meant he had to disclose material which the Security Services were unwilling to reveal for reasons of national security? They then debate the interview with Dr Mike Hall on The Trial of Lucy Letby Podcast conducted by Daily Mail journalists Liz Hull and Caroline Cheetham – instructed by Lucy Letby’s defence team as an expert in neonatal medicine, Dr Hall attended every day of Letby’s 10 month trial but was ultimately not called as a defence witness for what he concludes were “tactical reasons”. He attacks what he calls “the game of law” which meant, in his view, that the jury were deprived of crucial alternative expert evidence which may have undermined the prosecution’s medical case on causation. Ken then lays into the extraordinary behaviour of tech behemoth Meta in defending its use of back-to school pictures of schoolgirls as young as 13 to promote its Threads site as “bait” to attract adult male followers. The duo conclude with a less than complimentary review of an article in the Daily Telegraph by former Tory Attorney General Sir Michael Ellis KC where he sets out his 10 ways to save the UK from the road to ruin. Is Ellis simply a fool to be ignored or should his ideas be taken seriously as yet another indication of the rise of radical right-wing populism? --- 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.
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    43 m
  • Peter Mandelson, Graham Linehan, Palestine Action, and the Nastiness of Elon Musk

    Peter Mandelson, Graham Linehan, Palestine Action, and the Nastiness of Elon Musk
    Sep 17 2025
    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 obituary to their Matrix chambers colleague and friend, Conor Gearty KC, the esteemed Professor and barrister who died suddenly last week at the age of 67. They then go behind the headlines to discuss a host of issues which have combined to create a crisis for a Labour government only recently elected with a thumping majority, including: Palestine Action demonstrations- the escalation of arrests under UK anti-terrorism laws and the legal challenges to these laws and their implications; the Cabinet reshuffle– what will be the impact on the Home Office and Ministry of Justice policies?; The sacking of Peter Mandelson and the failures of “due process”; the arrest of Graham Linehan – what does it say about the state of free speech laws in the UK?; is the Assisted Dying Bill in peril following the House of Lords’ debate? --- 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.
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    47 m
  • Small Boats and the Irresistible Rise of Reform UK: Can the Refugee Convention Survive?

    Small Boats and the Irresistible Rise of Reform UK: Can the Refugee Convention Survive?
    Sep 10 2025
    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, Ken Macdonald KC and Tim Owen KC are joined by Sir Jonathan Jones KCB KC, former Treasury Solicitor, and Permanent Secretary of the Government Legal Department 2014-2020. Together they offer expert legal commentary on the growing calls to repeal the Human Rights Act, withdraw from the European Convention on Human Rights (ECHR), and even abandon the Refugee and Torture Conventions. They discuss whether such moves are legally possible in UK law, the lessons from Denmark’s hardline asylum model, and the challenges of redefining refugee status in a world of mass displacement and criminal gangs exploiting the terms of the 1951 Convention. The conversation also tackles the complex question of whether withdrawal from the ECHR would breach the Belfast Good Friday Agreement, the role of the common law in safeguarding fundamental rights, and whether a populist government could truly legislate away protections against torture and inhuman treatment or punishment. With the debate on human rights law at its most febrile in decades, Ken, Tim and Jonathan ask: how far could Britain really go—and at what cost to its international standing, constitutional integrity, and democratic values? Link to The ECHR and the Belfast (Good Friday) Agreement on policy exchange here. Link to the ECHR & Immigration Control in the UK: Informing the Public Debate document, authored by Victoria Adelmant, Alice Donald and Başak Çali here. --- 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. 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.
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    48 m
  • Mr Farage Goes To Washington: The Truth About The ECHR

    Mr Farage Goes To Washington: The Truth About The ECHR
    Sep 3 2025
    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 sovereignty? This week on Double Jeopardy, hosts Ken Macdonald KC and Tim Owen KC provide expert legal commentary on the Court of Appeal’s ruling on the Bell Hotel injunction case and discuss the broader implications of UK and European asylum policies, with special focus on Denmark and Sweden. The episode also covers Nigel Farage's political manoeuvres, the populist claim that we have a "two-tier justice" system and insights from a recent research paper examining the impacts of European Court of Human Rights rulings on UK deportation policies. Link to the UK in a Changing Europe 2025 article by Dr Alice Donald, Dr Joelle Grogan and Victoria Adelmant located here: https://ukandeu.ac.uk/explainers/does-the-european-convention-on-human-rights-stop-foreign-criminals-being-removed-from-the-uk/ --- 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. 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.
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    30 m
  • Farage, Tolerating Torture, and Mass Deportations: Dragging U.K. Justice into Uncharted Waters?

    Farage, Tolerating Torture, and Mass Deportations: Dragging U.K. Justice into Uncharted Waters?
    Aug 28 2025
    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 covers the limited turnout at far-right protests, new polling showing immigration dominating public concern, and Nigel Farage’s sweeping Reform proposals. With public concern rising and party positions hardening, Ken and Tim ask: how should Labour respond? Link to the Bell Hotel Judgement here: https://www.judiciary.uk/wp-content/uploads/2025/08/Epping-Forest-DC-v-Somani-Hotels-Final-Judgment-2.pdf --- 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. 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.
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    30 m