When Justice Fails by Double Jeopardy
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Ken Macdonald and Tim Owen discuss Andrew Malkinson and miscarriages of justice with former Solicitor General Lord Edward Garnier KC
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“UK riots shops boarded up as England braces for rioting. Thousands of officers on standby as police plan for up to 100 disturbances and 30 counter protests’

In this episode of Double Jeopardy Ken Macdonald and Tim Owen sit down to discuss the planned riots in response to the tragic Southport incident looking at how Keir Starmer is responding, the role of the courts and the suggestion we need to use anti-terrorism laws to deal with the rioters.

Ken and Tim also touch on the 2011 riots which spread from a protest about the shooting of Mark Duggan by police in Tottenham where 2,158 people were convicted of involvement in the 2011 riots, leading to prison sentences totalling more than 1,800 years.

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After spending the best part of 15 years in party politics, Sarah Lunnon now believes that responding to the climate emergency needs a new democracy, a revolution rather than reform.

In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Lunnon, former Green Party Councillor and Co-founder of Just Stop Oil, to discuss the lengthy sentences recently handed down on 5 Just Stop Oil activists for their actions in attempting to create gridlock in London and the South of England in November 2022 and the impact these sentences may have on future protests. They also debate the failure of the government to take effective action on climate change and the role of civil disobedience in driving change.

The discussion raises questions about the legitimacy and effectiveness of harsh punishment and whether the UK is out of step with other European countries in terms of sentencing climate protesters.

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The justice system in the UK has faced many challenges over the past 14 years, most notably funding cuts and a lack of resources.

In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Fiona Rutherford the Chief Executive of JUSTICE to discuss the state of the justice system in the UK.

They reflect on the past 14 years, discussing what has gone right, what has gone wrong and what to expect in the future. They cover topics such as the motivations for becoming a lawyer, the challenges of policy-making, the impact of austerity on the justice system and the recent bills announced in the King's speech.

Fiona emphasises the need for outcome-focused policies that address the root causes of crime, such as housing, health, and education, the conversation concludes with Fiona's top 5 legislative priorities including: improving the criminal justice system, setting outcome-focused goals across departments and ensuring better data collection.

Mark Fairhurst, the National Chairman of the Prison Officers Association, returns to Double Jeopardy to further discuss the prison crisis, now a focal point in the first week of the new Labour government.

Guided by hosts Ken Macdonald and Tim Owen, the conversation addresses the emergency measures announced by the new Lord Chancellor, Shabana Mahmood, aimed at addressing critical prison overcrowding.

Amongst discussing historical context and years of inaction, the podcast also talks about the broader systemic changes needed, including probation service, mental health support and the role of the judiciary in sentencing reform.

Ken and Tim also highlight the appointment of James Timpson as the new Prisons Minister and discuss his views on prison reform as well as the potential changes for the future of penal policy.

Ken Macdonald and Tim Owen are joined by David Gauke, Former Lord Chancellor and Secretary of State for Justice. In 2019 he resigned, saying he could no longer serve under Boris Johnson and risk a no-deal Brexit. After expulsion from the Conservative party, he said ‘at last I have something in common with Domonic Cummings.’ It was a poignant remark. There are plenty more of these in this episode as Ken and Tim look back on the role of the ‘Gaukeward Squad’, the group of Tory rebels who voted against the government on the issue of Brexit, in shaping British politics today.

Ken and Tim discuss David’s experiences as a Conservative MP during truly turbulent times. The explusion of Gauke and rebel Tories had wide-reaching implications, the effects of which we are still experiencing. How does he view the current state of British politics now? What reform is needed in the prison system, and is Labour’s manifesto in this area enough to separate them from the Conservatives?

In this episode, of Double Jeopardy hosts Ken Macdonald and Tim Owen discuss the various aspects of Labour Party's manifesto which was launched on the 13th June 2024 ahead of the Election which is taking place on the 4th July 2024.

This episode looks at the intricacies and implications of the proposed law and order policies. The manifesto, which is turning heads and sparking discussions nationwide, shows an ambitious plan to “take back our streets”, with substantial pledges for enhancing neighbourhood policing and clamping down hard on crime and antisocial behaviour as well as the promise to “tackle violence against women and girls”.

Tune in for Tim & Ken’s views on this manifesto and the potential challenges of these plans.

In this episode of Double Jeopardy Ken Macdonald and Tim Owen talk to Mark Fairhurst, National Chairman of the Prison Officers Association, about the long standing and apparently never ending crisis afflicting the UK prison system.

This episode presents an in-depth discussion on the overcrowding epidemic and its root causes including the tabloid driven addiction to ever longer sentences and the failure of all Governments to develop and promote community based alternatives to custody. The result is that the UK has the highest per capita rate of imprisonment in Western Europe and a disastrous record of re-offending.

From overcrowding to under-resourced prisons, private versus public prisons, the genuine threat of violent riots over the summer, the role of the Chief Inspectorate of Prisons, restoring the right to strike to prison officers and sentencing policy, the trio discuss them all with a central theme being the need to reimagine the prison service to prioritise rehabilitation and the reintegration of offenders into society.

They also cover issues related to funding and resource allocation within the UK's criminal justice system and the constant struggle for resources which has led to staff shortages, reduced training opportunities, and minimal investment in infrastructure.

Finally Ken, Tim & Mark look at the potential path to reform, and strategies that can be vital to the much-needed change such as reshaping sentencing policies, enhancing rehabilitation programs, and investing in community-based alternatives to imprisonment.

Ken Macdonald and Tim Owen welcome back Angus McCullough KC, who has extensive experience in public and private law and who was the most experienced Special Advocate until his decision to step down in October 2023 in protest at the Government's failure to implement urgent changes to the system of secret justice (as recommended in December 2022 by the former High Court Judge Sir Duncan Ouseley).

This episode is dedicated to discussing the controversy surrounding the Closed Material Procedure (CMP) introduced by the Justice and Security Act 2013. The debate this law sparked around the management of sensitive information during civil proceedings and the balance between national security and fairness/openness is once again highly topical. Angus's decision to refuse to take on any new closed material cases has now been followed 8 months later by some 25 other Special Advocates (including 16 KCs), a decision which leaves the entire system for litigating national security cases in crisis. Unless and until this specialist cohort of barristers are willing to accept new cases, the system will grind to a halt.

Ken, Tim and Angus discuss the future of CMP’s, Sir Duncan Ouseley’s independent review, the underfunded justice system, and Labour's depressing response to the prisons crisis as reflected in Keir Starmer's stance in PMQs and Shabana Mahmood's public commitment to building more prisons rather than ending the UK's addiction to imprisonment.

Ken Macdonald and Tim Owen speak to Jessica Simor KC, an acclaimed specialist in public and regulatory law, EU law, competition law and human rights law.

The episode discusses the issue of whether litigation, whether before the European Court of Human Rights or domestic courts can be effective in addressing the challenge presented by climate change. They highlight two landmark cases in which Jessica Simor acted - one against the Swiss government and one against the UK government. The Swiss case saw a group of elderly Swiss women, bringing the case that they suffered personal health issues caused by heatwaves, and used litigation to hold their government accountable for climate change.

Tim and Ken further explore the UK case in the High Court in London recently which was brought by Friends of the Earth, Client Earth and the Good Law Project. Mr Justice Sheldon found the government was found to be falling short in meeting its obligations under the Climate Change Act 2008. The judicial review judgement held that the government had breached its duty under the Climate Change Act 2008 to adopt policies and proposals to enable legally binding carbon reduction targets to be met. Both cases marked a significant victory for climate activists.

A great episode around the urgency of combating climate change, the pressure on national governments for climate action and the influence of the Paris agreement on court decisions.