Memories of Brexit, the Palestine Action Appeal, and Reforming the Law of Homicide

With the tenth anniversary of the Brexit referendum upon us, Ken Macdonald KC and Tim Owen KC begin the episode with a reminder of actor Danny Dyer’s memorable thoughts on “this whole Brexit thing” and his unflattering assessment of David Cameron’s role in enabling our departure from the EU, before they reflect on what the impact of Brexit has been on the UK legal system. Ken and Tim then discuss how the interregnum between Keir Starmer’s resignation and the imminent arrival of Andy Burnham as Prime Minister has brought uncertainty in relation to who Burnham will appoint as the new Justice Secretary and Attorney General on the basis that neither David Lammy nor Richard Hermer seem likely to remain in their current jobs. What, if any, impact will a Burnham premiership have on the future of Labour’s jury trial reforms in the Courts and Tribunals Bill given Burnham’s publicly expressed concern that the government “should proceed with huge caution and do not take away something that’s a lynchpin of a fair society.” The duo comment on the arguments advanced by Palestine Action in support of their unsuccessful application to the Court of Appeal for permission to appeal to the Supreme Court against the decision to uphold the Home Secretary’s proscription decision and anticipate the likely response from the Supreme Court itself. Finally, they discuss the merits of the Law Commission’s consultation paper on reforming the law of homicide (https://lawcom.gov.uk/news/law-commission-proposes-major-overhaul-of-homicide-offences/) and look forward to next week’s episode where their guest will be the Interim Chair of the Criminal Cases Review Commission, Dame Vera Baird KC. Listeners interested in some homework in advance of the discussion with Dame Vera might wish to listen to the February 2025 episode of Double Jeopardy with guest Chris Henley KC where they discuss the shocking failures by the CCRC in relation to the Andrew Malkinson case - https://open.spotify.com/episode/0jrqjoXcIduyM1weZpFyP2?si=jBMeN3uzQruBF7rVhW4m9Q -- 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 experience from the frontline of Britain's legal and political landscape. ​ ​ If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices