Proscribing Palestine Action - Why Was It Unlawful? And Will The Home Secretary Win Her Appeal?

Why did the High Court quash the Home Secretary’s decision to proscribe Palestine Action as a terrorist organisation? And what are the prospects of the Home Secretary winning on appeal?   

With Ken Macdonald KC refraining from public comment on public order/protest issues while he leads the independent review commissioned by Shabana Mahmood into existing public order and hate crime legislation, Tim Owen KC is joined by freelance criminal justice and policing expert Danny Shaw to discuss the background to Yvette Copper’s June 2025 decision to proscribe Palestine Action and the reasoning which led the High Court to conclude that the proscription decision was unlawful both on the basis it was made in breach of the published policy governing terrorist proscription as well as being a disproportionate interference with freedom of expression and the right to assembly under the ECHR. 

See here for a link to the Judgment https://www.judiciary.uk/judgments/huda-ammori-v-secretary-of-state-for-the-home-department-3/ 

See also Professor Mark Elliott’s commentary on the prospects of a successful appeal - https://publiclawforeveryone.com/2026/02/13/the-high-courts-judgment-in-the-palestine-action-case/ 

Tim and Danny also discuss Shabana Mahmood’s radical proposals to reorganise policing in England and Wales and examine why the former Home Secretary Yvette Cooper was opposed to the “distraction” of major policing reform.   

Finally they reflect on the scathing critique contained in the Public Accounts Committee’s January 2026 Report into the Ministry of Justice’s March 2022 decision to commit to spending £4m a year of taxpayer’s money on HMP Dartmoor (an empty prison that it cannot use due to contamination by radon gas) at a time when the permanent secretary was Dame Antonia Romeo.

--

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