Episode Details

Andy Burnham’s decision to pause the emergency early release scheme in order to ensure that the killers of PC Andrew Harper do not benefit from it, is an act of political desperation given the data showing that the UK prison system is at bursting point and can't cope with the rising prison population without a significant, rapid reduction in those currently imprisoned (https://www.instituteforgovernment.org.uk/explainer/prison-early-release-scheme). It also demonstrates a grave lack of political judgment by former Justice Secretary David Lammy in failing to anticipate the inevitable public outcry that the scheme would trigger given the range of offenders whose automatic release dates would be significantly advanced at a time when the necessary public protection measures were woefully inadequate.

To understand the implications for UK law and politics and the rule of law of this latest illustration of the disastrous state of our criminal justice and prison system, Ken Macdonald KC and Tim Owen KC debate the exquisite dilemma which confronts Burnham and his new, inexperienced Lord Chancellor Alex Norris, and pose some basic questions to those urging the abandonment of the early release scheme save in relation to those serving sentences for minor crimes. Given the disastrous record of successive Conservative governments in starving the UK criminal justice system of resources, doing nothing to reduce sentence lengths while failing to build more prison capacity, what was the Labour government expected to do as the prison system became overwhelmed? And what are the prospects of any government communicating a consistent, effective message on the need to reduce our use of imprisonment when Justice Secretaries and Prisons and Probation Ministers rarely last more than a year in office?

Ken and Tim then turn to answer some listeners’ questions on a range of issues including Andy Burnham’s call for a codified written UK constitution; whether sentencing guidelines should be amended to reflect the time that will actually be served in custody; and the implications for UK law and politics of France becoming the latest European country to legalise assisted dying.

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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 la