Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed

Double Jeopardy - The Law and Politics Podcast

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Biscuits & Jam Returns on March 4th for Season 6 with The War & Treaty! 1:42

منذ 6 أيام1:42

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1:42

Join us for the launch of Season 6 of Biscuits & Jam on Tuesday, March 4th, 2025 with The War and Treaty’s Michael and Tanya Trotter. Learn more about your ad choices. Visit podcastchoices.com/adchoices

منذ عام واحد 53:39

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In the latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Lord Burnett of Maldon, the former Lord Chief Justice of England and Wales, to talk about punishment and the British addiction to prison.

As one of five co-authors of a significant report on the subject (published by the Howard League in September) Lord Burnett shares his insights on the need for change in our approach to sentencing, the challenges within our overcrowded prisons, and the societal implications of the current punitive system. Together, the trio explore key questions such as why prison sentences have doubled in length over the past 50 years, whether longer sentences truly reduce crime, and the impact of political decision-making on our justice system.

Ken and Tim also turn their attention to the damning allegations surrounding the late Mohamed Al-Fayed and the wider implications this case holds for the criminal justice system. This major scandal is just beginning.

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#Politics #News #Double Jeopardy

Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed

Double Jeopardy - The Law and Politics Podcast

20 subscribers

published منذ عام واحد

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88 حلقات

#Politics #News #Double Jeopardy

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1
Why Sentencing is Out of Control 30:24

منذ 5 أيام30:24

30:24

Why is UK penal policy failing so badly? This week, Ken Macdonald KC and Tim Owen KC are joined by former Secretary of State for Justice David Gauke, who has just published Part 1 of his Independent Review into Sentencing. In the face of falling crime, why do we have the highest prison population in Western Europe, and why can’t we reduce our expensive addiction to incarceration? The discussion looks at how other countries have embarked on a process of prison closures, and questions why a decades long penal arms race between the main UK political parties prevents us from doing the same. Ken and Tim go on to review the Lady Chief Justice’s recent criticism of Kemi Badenoch and Keir Starmer, as she accuses them of completely misunderstanding a recent judgment granting a Gazan family leave to remain in the UK. Was Lady Carr right to intervene in this way?…

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Immigration, Asylum and Liberal Democracy 25:34

منذ 12 يومًا25:34

25:34

A high-profile immigration case takes centre stage at Prime Minister’s Questions, sparking debate over refugee law and the reality of power politics in an age of populism. In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC dissect Kemi Badenoch’s focus on a controversial ruling involving a Palestinian family. They go on to consider the UN Convention on Refugees, and ask whether it remains viable in a new age of mass displacement and population movement. How should governments respond to migration and asylum, when both are massive drivers of populist political movements seeking to promote authoritarianism and destroy liberal democracy? Finally, Ken and Tim return to the campaign to remove Richard Hermer from his position as Attorney General. Don’t these coordinated attacks, coming from his own ministers, and directed against his close friend and ally, make Keir Starmer himself look weak? You can find a link to the Gaza judgement here And the Lady Chief Justice’s angry response to the attack on the Upper Tribunal Judge here…

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Lucy Letby: The Experts Break Cover 32:03

منذ 19 يومًا32:03

32:03

Ken Macdonald KC and Tim Owen KC explore the latest developments in the case of Lucy Letby, as her new barrister holds a second press conference revealing the conclusion of 14 experts that every baby died either as a result of natural causes or because of medical neglect. Do these new medical opinions ‘demolish’ the evidence of the prosecution experts, as her new barrister claims? Or, as some allege, has this new analysis taken place in a vacuum, ignoring all the circumstantial evidence presented to the jury confirming the Crown’s expert testimony that these infants were deliberately harmed, and that their attacker was Lucy Letby? Ken and Tim also consider the stance of the CCRC in the face of what will certainly be a robust prosecution response to this new material, and look at the approach likely to be taken by the Court of Appeal if the case is referred back to it by the CCRC. Finally the discussion turns to the increasingly concerted attacks from within government on Richard Hermer, the Attorney General. What does this obviously coordinated campaign of hostile briefing tell us about the relationship between a new Labour administration led by a former human rights barrister, and the law?…

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The Stolen Honour of Andrew Malkinson 36:36

منذ 26 يومًا36:36

36:36

Ken Macdonald KC and Tim Owen KC are joined by guest Chris Henley KC, to explore the terrible miscarriage of justice which led to Andrew Malkinson spending 17 years in prison for a rape he didn’t commit. Looking at Chris’s report into the scandal, they examine the failures of the Criminal Cases Review Commission, and its atrocious mishandling of crucial DNA evidence. What lay behind the CCRC’s reluctance to revisit this wrongful conviction, and why did it betray its founding mission? They also consider the danger of relying on identification evidence, and the Court of Appeal’s much overdue quashing of Malkinson’s conviction, which it delivered with no apology. Why is there still such cultural resistance to the idea that innocent people can be convicted? And why aren’t Court of Appeal judges providing a stronger lead in uncovering injustice?…

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Southport, Terrorism and Whole Life Tariffs 28:18

منذ 5 weeks28:18

28:18

Ken Macdonald KC and Tim Owen KC review the Southport murder trial, following Axel Rudakubana's sentencing to life imprisonment with a minimum term of 52 years for the murders of three girls in Southport in July 2024. The discussion examines the implications of recent legislative changes surrounding whole life orders for young people, the public's reaction to severe sentencing, and the challenges of defining terrorism within the legal framework. The episode concludes by considering the effectiveness of the Prevent program in identifying potential threats and the difficulties of media reporting in high-profile cases.…

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Listening to Criminals 26:06

منذ 6 weeks26:06

26:06

In this episode, Ken Macdonald KC and Tim Owen KC examine the powerful arguments for using telephone intercept evidence in UK criminal trials. Why are the security services so opposed to a reform that would obviously give a major boost to convicting terrorists and serious criminals, and why have successive governments failed to overcome this opposition? For context, Ken and Tim look at the 2020 joint French/Dutch police operation which led to the demise of EncroChat (the so-called “WhatsApp for professional criminals”) and the many successful prosecutions that followed in the UK and across Europe, as courts listened to criminals planning their crimes in real time. Virtually every other fair trial country relies heavily on intercept evidence to fight terrorism and organised crime. Why does the UK continue to stand against it?…

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Foreign Interference in the Age of TikTok and Musk 29:23

منذ 7 weeks29:23

29:23

In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC engage in a thought-provoking discussion with their guest, Jonathan Hall KC, the independent reviewer of terrorism legislation and state threats. Together, they examine the implications of Elon Musk's influence on UK politics, the challenges posed by foreign interference, and the far-reaching impact of the National Security Act. The conversation explores emerging power dynamics between tech companies and nation states, raising critical questions about potential security threats posed by companies like X, Meta and TikTok. In the light of recent noises from the Trump team, they also address the thorny question of the repatriation of British Islamic State prisoners to the UK. Should Shamima Begum and others be brought home to be dealt with here, as the Americans demand? Finally, Ken and Tim consider whether Liz Truss’s recent threat to sue Keir Starmer for defamation is the weirdest legal action of all time.…

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Spies, Royals and Elon Musk 35:52

منذ 8 weeks35:52

35:52

In the latest episode of Double Jeopardy, hosts Ken Macdonald KC and Tim Owen KC discuss the implications of the recent Chinese spy case involving Yang Tengbo and Prince Andrew. Looking at the role of the Special Immigration Appeals Commission, they consider the sensitive role of national security in immigration law, Britain's evolving view of business relationships with China, and MI5's safety first approach to foreign influence. Sticking with national security, they discuss the trial of the GCHQ analyst Katherine Gun, who was accused of leaking a classified document to the press. Ken explains what led him to drop the case against her, and the role of the security services in that decision. Finally, they look at Elon Musk's increasingly bizarre interventions into UK domestic politics, and consider Keir Starmer's response.…

1
Review of the Year with Joshua Rozenberg 38:02

منذ 11 weeks38:02

38:02

It’s been quite a year for law and politics in the UK. From the unravelling scandal of wrongful convictions in the Post Office Horizon cases, to the chilling aftermath of the Lucy Letby trial, questions about accountability and reform have never been more pressing, as growing scrutiny, and ever more polarised politics, continue to threaten the delicate balance between legal principles and public confidence. And through it all, Double Jeopardy has been bringing expert comment and the sharpest analysis wherever law and politics collide. In this final episode of the year, Ken Macdonald and Tim Owen are joined by renowned legal commentator Joshua Rozenberg to look back on 2024. What were its defining legal and political moments ? Where is police accountability after the Chris Kaba shooting? Have we heard the last of Lucy Letby, and why is the government not doing more to rescue a crumbling justice system? Together, they examine the structural and cultural challenges facing the courts and legal institutions, exploring how these events are shaping public trust- and perhaps damaging it to the point of no repair. This is not just a retrospective; it’s a critical interrogation of justice today. With sharp insights and deep analysis, this episode unpacks the interplay of law, politics, and public sentiment in shaping the UK's legal landscape.…

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Getting Away with Murder? 25:40

منذ 12 weeks25:40

25:40

The announcement that the Ministry of Justice has commissioned the Law Commission to undertake a comprehensive review of homicide law and sentencing in murder cases alongside the Gauke review of sentencing in non-homicide cases means that sentencing policy in England and Wales will be reviewed simultaneously by two separate bodies. Given the role of longer sentences for murder in increasing sentences across the board, is this a sensible way to tackle the sentence inflation generated over the past twenty years which is the principal cause of the current prisons crisis? And with the wealth of existing data, including a magisterial 2006 Report by the Law Commission into homicide law, why does the Government need more reports other than to buy time? Beyond attacking Conservative governments for not building more prisons to accommodate yet more prisoners, what original ideas does the Justice Secretary actually have about how to reform the crumbling justice system? In the latest episode of Double Jeopardy , Ken and Tim take us into the history and evolution of homicide sentencing, from the disastrous 2003 Criminal Justice Act conceived by New Labour to the present calls for change, exploring how these reforms intersect with broader legal principles and questioning whether the current system strikes the right balance between deterrence, punishment, and fairness. Ken and Tim also examine the judiciary’s delicate role in managing sentence inflation and resisting political interference, all while advocating for a more logical and cohesive approach to homicide law.…

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Judges and the Power of Life and Death 31:52

منذ 13 weeks31:52

31:52

As the House of Commons casts an historic vote on assisted dying, the debate over this deeply contentious issue isn’t going away. If anything, the vote has ignited even stronger passions on both sides, particularly about the judiciary’s role in navigating such morally charged territory, making decisions over life and death. In the latest episode of Double Jeopardy , Ken Macdonald and Tim Owen dissect this dilemma, the impact of religious beliefs on the legislative process, and the delicate balance judges must maintain when dealing with life-and-death decisions. The discussion then widens to include the resignation of Louise Haigh over a very old offence, a development that raises real questions about whether her treatment is consistent with the government’s stated policies on rehabilitation, or whether her sacking was purely political. Against this backdrop, Ken and Tim reflect on the wider challenges facing the judicial system, including the persistent backlog of cases that threatens the integrity of justice in the UK.…

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Politics, Religion and Assisted Dying 31:26

منذ 14 weeks31:26

31:26

Why is the Terminally Ill Adults (End of Life) Bill being introduced as a Private Member’s Bill, and how does this approach compare to historical conscience-driven legislation like the Abortion Act or the abolition of capital punishment? In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen delve into the complex issues surrounding assisted dying, with a focus on the Terminally Ill Adults (End of Life) Bill due for Second Reading in Parliament on 29th November. They examine its historical context, the state of public opinion and question the legitimacy of Cabinet Ministers such as Wes Streeting and Shabana Mahmood deploying resource based arguments against the Bill and consider the role of religious belief in the public debate. The discussion also examines the parliamentary scrutiny process and the judiciary's role in safeguarding against coercion. The episode further explores the controversial subject of non-crime hate incidents, critiquing current police practices and addressing the challenge of balancing the monitoring of hate speech with the protection of civil liberties. This thought-provoking episode offers an in-depth analysis of two critical intersections of law and politics.…

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The Daily Mail Goes to Strasbourg 31:55

منذ 15 weeks31:55

31:55

Is the cost of litigating free speech issues in the UK disproportionately high and what reforms might address the problem? In this episode of Double Jeopardy, Ken Macdonald and Tim Owen, together with leading media lawyer Gavin Millar KC, debate the irony of the Daily Mail’s recent victory before the the European Court of Human Rights over the issue of the costs incurred in unsuccessfully defending the paper in high profile defamation and privacy claims. They explore the chilling effect of the eye-wateringly high legal costs involved in High Court litigation and Gavin suggests some radical reforms of the current system in order effectively to maintain the right balance between the right to freedom of expression and the right to defend privacy and reputational rights. The trio also discuss Carole Cadwalladr’s pending case before the Strasbourg Court, the prospect of Labour enacting anti-SLAPP laws and the likelihood of bringing the Online Safety Act 2023 into full force given its potential to generate conflict with the Silicon Valley Broligarchy. Tune in for an engaging conversation on media law, free speech, and the political dilemmas facing a new Labour government.…

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Lucy Letby, Fair Trials, and a Conservative Path to Justice 28:55

منذ 16 weeks28:55

28:55

Join Ken Macdonald and Tim Owen in this episode of Double Jeopardy as they discuss significant legal developments, including the recent Court of Appeal judgment roundly rejecting Lucy Letby’s argument that pre-trial publicity made her retrial unfair. Are jurors really unaffected by prejudicial media reports? They also look at the fascinating political journey of the new Shadow Secretary of State for Justice, Robert Jenrick. Is his hard-right act real, or a pose? And why has Kemi Badenoch appointed someone whose trademark policy is withdrawal from the ECHR? Finally, they check out new guidance issued by Attorney General Richard Hermer about the approach he wants government lawyers to take when they’re weighing legal arguments. Is this real change or just window dressing?…

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Defending Diversity and Defining a Woman 32:15

منذ 17 weeks32:15

32:15

Barristers’ Core Duty Eight currently requires members of the Bar not to discriminate unlawfully against any person. However, the Bar Standards Board now wishes to go further and create a new duty requiring barristers positively to advance equality, diversity and inclusion in their professional lives. In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen look at the row this proposal has sparked. Joining them is Karon Monaghan KC, a barrister specialising in equality and human rights law from Matrix Chambers, who provides insight into the implications of the proposed change, arguing that it does not represent the unwelcome imposition of a contested (American) ideology originating in the frenetic racial politics of that country, but is simply a necessary evolution in the duty to promote a diverse and inclusive bar. She suggests that reasonable steps towards progress, rather than quotas in all but name, are the goal. The episode also covers recent legal developments impacting women’s sex-based rights. And as she prepares, along with Beth Grossman, to argue a landmark case in the Supreme Court, which will determine once and for all the legal definition of a woman, Karon provides insight into a pivotal question: Should a trans woman with a Gender Recognition Certificate be legally recognised as a woman under the Equality Act? The answer will have major ramifications for all sex-based rights in the UK. Tune in to hear Ken, Tim, and Karon navigate the legal complexities surrounding EDI and Core Duty Eight and explore what these shifts might mean for the future of barristers’ professional obligations. Follow us on X/Twitter: ⁠https://x.com/doubjeopardypod⁠ Follow us on LinkedIn: ⁠https://www.linkedin.com/company/double-jeopardy-podcast/…

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Double Jeopardy - The Law and Politics Podcast « » Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed

Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed

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Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed