Episode Details

With co-hosts Ken Macdonald KC and Tim Owen KC travelling in widely separated time zones, it’s proved impossible to record the weekly episode as normal. But rather than skip an episode altogether we thought that with Parliament due to return next week and with the new Lord Chancellor Alex Norris due to announce major changes to the early release provisions of the Sentencing Act 2026 as a result of public fury at the prospect of the killers of PC Harper benefiting from the scheme, our audience would appreciate a chance to listen (or re-listen) to the 4th June 2025 episode when our guest was David Gauke, the former Conservative Justice Secretary 2018/19. It was the report produced in May 2025 by Gauke’s Independent Review of Sentencing which formed the basis for the (now much reviled) early release provisions of the Sentencing Act - provisions which mark a fundamental change in sentencing policy and which were enacted by Parliament in order to address the deep crisis of prison capacity resulting from the deadly combination of a total failure by consecutive Conservative governments to build sufficient new prison places over the fifteen years they were in power and an ever expanding prison population. In our discussion with David, he explained how his recommendations for what were, in reality, very limited changes to our overly complex, messy and confusing sentencing systems were intended to reduce our use of short custodial sentences, ease the pressure on our overcrowded, collapsing prison system while boosting investment in community penalties and a reinvigorated probation service. With the prospect now of Andy Burnham flinching at the first sign of populist revulsion at the idea of prisoners convicted of violence being granted early release after serving only a third or half of their sentences, our discussion with David Gauke provides helpful context for the next round of political debate around the apparently never ending crisis that afflicts our penal system. It is a salutary reminder of the political challenges that face any government seeking to wean a nation away from a relentless belief that locking people up for years in conditions which make rehabilitation impossible is a sensible use of public money.

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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 law cases over the past four decades.  Both bring unparalleled experien