Episode Details

The failure of successive Conservative governments to build sufficient prison capacity to accommodate the growing prison population handed Labour a criminal justice crisis which demanded urgent action. In enacting the Sentencing Act in January 2026, Parliament approved the "earned progression" model recommended by the Gauke Sentencing Review which held out some hope of long term relief from the perma-crisis afflicting our penal system. But in the face of sustained media pressure concerning the release of the killers of PC Harper, Andy Burnham's first major policy decision as PM has been to water down the release scheme in a way guaranteed to sustain the very crisis which the 2026 Act was crafted to resolve (https://www.gov.uk/government/publications/sentencing-act-offence-exclusions).

For expert legal commentary on the depressing statement delivered to Parliament on 1st September by Labour's third Lord Chancellor in 2 years and its implications for UK law and current political events, Ken Macdonald KC and Tim Owen KC are joined on Double Jeopardy by the Institute for Government's Associate Director, Cassia Rowland. Why did former Justice Secretary, David Lammy, not prepare the public for the coming into force of the Sentencing Act's release provisions with the result that the summer media frenzy over the release of PC Harper's killers caused Burnham to abandon key features of the early release scheme? What hope is there for achieving a long term reduction in our use of imprisonment if politicians simply collapse in the face of media stories linked to high-profile legal cases?

Ken and Tim also discuss the $17 billion settlement agreed on 26th August between Meta and US States in the federal child safety lawsuit alleging that Meta designed its apps (Facebook and Instagram) to be addictive to children and knew about the risks those platforms posed but hid that information from the public. Finally they discuss the alarming implications of the US government's decision to designate Palestine Action as a Specially Designated Global Terrorist organisation in terms of its impact on freedom of expression and on any persons convicted in the future of a Terrorism Act offence related to supporting PA.

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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 lead