The Conversion Practices Bill: Necessary or Dangerously Deluded? Plus the Jury Trial U-Turn
Double Jeopardy - UK Law and PoliticsShow Notes
The Conversion Practices Bill was formally announced in the King's Speech in July and confirmed Labour's Manifesto commitment to introduce into UK law a full, trans-inclusive ban on abusive "conversion practices" intended to change or suppress someone's sexual orientation as well as their transgender identity. The short, six-clause Bill was published in draft form on 25th June and is due to commence pre-legislative scrutiny later this month by a Joint Committee of both Houses of Parliament.
The Bill creates new criminal offences based on three limbs: first, conduct intended to change a person's sexual orientation or gender identity; secondly, conduct that is abusive in line with other criminal law; and thirdly, conduct that causes serious harm, alarm or distress that has a substantial effect on the victim's day-to-day activities. To close what the Minister for Equalities Olivia Bailey said might be a loophole that pushes abuse abroad, the draft Bill also includes an offence of encouraging or assisting an abusive conversion practice outside England and Wales. In addition, the Bill creates a new "conversion practice protection order" as a civil injunctive measure designed to "support victims at risk of abuse".
To discuss the nature and implications of the Bill, Ken Macdonald KC and Tim Owen KC are joined in the Double Jeopardy studio by previous guest Sarah Vine KC. Are there really gaps in the criminal law that necessitate the creation of new offences in this complex area of human behaviour? Are clinical psychologists and psychotherapists right to argue that poorly defined terms in the Bill create widespread fear and uncertainty that standard, evidence-based exploratory therapy (which involves challenging a client's thoughts or exploring complex underlying issues regarding sex, gender or sexuality) could be misconstrued or legally targeted as "conversion practice"? And what does the experience of other countries tell us about the impact of this kind of legislation?
Ken and Tim finish by discussing the partial U-turn announced by Justice Secretary Alex Norris on the Government's plan to remove the right to jury trial in a wide range of cases. But by keeping the commitment to end a defendant's right to elect jury trial for offences triable in both the magistrates' court and the Crown Court, and doubling the sentencing powers of magistrates, will the backlog simply be transferred to an already clogged criminal justice system in the magistrates' courts?
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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 leading writer, commentator and broadcaster on politics and the rule of law.
Tim Owen KC has been in
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