UCL FACULTY OF LAWS
Centre for Criminal Law

Centre for Criminal Law

Jonathan Rogers   JONATHAN ROGERS
LLB, PhD (UCL, 1999)
Senior Lecturer in Laws
Fellow of Middle Temple

contact details:
Tel: +44 (0)20 7679 1542 | internal: x21542
Email: j.rogers@ucl.ac.uk

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Profile
Dr Rogers gained his undergraduate degree in law from the University of Nottingham and completed his PhD at UCL in 1999. He accepted his first full-time lectureship at Brunel University in 2000 and moved to UCL in 2002.

While Dr Rogers writes in an academic vein, he is keen to engage in discussions with practitioners and government beyond the academic community. “I have been very pleased to act as an Academic Fellow for Middle Temple. But the bridge between practice and academia remains wide. One loses count of the number of cases in the higher courts when one is fairly sure that an important point could have been argued more effectively. I place a number of articles on contemporary cases in professional journals for that reason”. He has also given talks to practitioner audiences on domestic violence, criminal attempts, bad character evidence and hearsay.

He was Legal Advisor to the script writers of The Innocence Project, a criminal justice drama set in law school (aired on BBC1 in 2006/7) but which failed to be given a second series. “The legal points were lost on the audience, it seems. The real problem though was that life in a law school simply isn’t very dramatic. Surprising, isn’t it?”

Research
Dr Rogers’ major contemporary interest is in prosecutorial discretion and decision-making. In his first article on prosecutorial discretion (Oxford Journal of Legal Studies 2006), he argued that the Code for Crown Prosecutors can be much better structured than it presently is. In 2010, he wrote the leading article on the Purdy litigation, offering some critical comments of the House of Lords’ decision and outlining how the problems of over-inclusive law (such as assisted suicide) should be addressed by prosecutors. In December 2012, he will give a response to the DPP’s presentation of the proposed seventh Code for Crown prosecutors, at an evening event hosted UCL’s Centre for Criminal Law. His most recent piece explores the role of the public prosecutor in applying and developing the substantive criminal law and will be published in The Constitution of the Criminal Law (OUP, 2013).

Dr Rogers keeps an active interest in “traditional” areas of substantive criminal law, especially self-defence. Following his PhD on exculpatory defences in criminal law, he scrutinised the use of firearms by soldiers and policemen in a seminal piece (Legal Studies 1998), further developed in a Chapter in Seeking Security (Hart, 2012). He writes regularly in response to the Law Commission's Consultation papers, and his proposal that the Law Commission should examine the common law offence of misconduct in public office was accepted in 2011, with a paper expected for consultation in 2014. Dr Rogers has also pointed to the increasing importance of abuse of process in criminal procedure and has discussed what the boundaries of this common law doctrine ought to be (Current Legal Problems 2008). He has also written extensively on the effect of the Human Rights Act 1998 on substantive criminal law (2002, 2003 and 2005).

Publications
Chapters in Books:

  • “The Role of the Public Prosecutor in Applying and Developing the Substantive Criminal Law” (forthcoming), Ch.4 in The Constitution of the Criminal Law, OUP 2013 (eds. RA Duff, L Farmer, S Marshall, M Renzo, V Tadros)
  • “Culpability in Self-Defence and Crime Prevention” in Seeking Security, Hart 2012 (eds. G R Sullivan & I H Dennis) 265-292

Major Articles:

  • “Prosecutorial Policies, Prosecutorial Systems, and the Purdy Litigation” [2010] Crim. L. R 543-564
  • “The Codification of Attempts and the Case for ‘Preparation’” [2008] Crim. L.R. 937-954
  • “The Boundaries of Abuse of Process in Criminal Trials” (2008) 61 Current Legal Problems 289-323
  • “Restructuring the Exercise of Prosecutorial Discretion in England” 26(4) (2006) Oxford Journal of Legal Studies 775-803.
  • “The Law Commission’s Proposed Restructuring of Homicide” (2006) 70(3) J. Crim Law 223-245.
  • “Prosecutors, Courts and Conduct of the Accused which Engages a Qualified Convention Right” (2005) 58 Current Legal Problems 101-132 #
  • “Applying the Doctrine of Positive Obligations in the European Convention of Human Rights to Domestic Substantive Criminal Law in Domestic Proceedings” [2003] Crim. L.R. 690-712
  • “A Criminal Lawyer’s Response to Chastisement in the European Court of Human Rights”, [2002] Crim.L.R. 98-113
  • “Necessity, Private Defence and the Killing of Mary”, [2001] Crim.L.R. 515-526
  • “Justifying the Use of Firearms by Policemen and Soldiers: a Response to the Home Office’s Review of the Law on the Use of Lethal Force” 18 Legal Studies (1998) 486-509.

Other articles, reviews and casenotes:

  • “Bringing Prosecutions for Unlawful Act Manslaughter” (2012) 176 Criminal Law and Justice Weekly 505-507
  • “Shooting (and judging) in the dark?” Arch. Rev. 2012, 1, 8-9
  • “Abuse of Process Reconsidered” Arch. Rev. 2011, 6, 6-9
  • “The Ian Tomlinson Affair – An Examination of the Case” (2010) 174 Criminal Law and Justice Weekly 517-519
  • “Review of Evidence of Bad Character” [2009] Criminal Law Review 900-902
  • “Deaths, Drugs and Duties” Arch. News 2009, 6, 6-9
  • R v Devonald: Consent and the ‘purpose’ of the defendant” (2008) 72 (4) Journal of Criminal Law 280-282
  • “Have-a-go heroes” (2008) 158 N.L.J 318-9
  • “Review of Killing in Self-Defence” (2008) 124 LQR 172-5
  • “Fundamentally Objectionable?” (2007) 157 N.L.J 1252-3
  • “Arresting Moments in the Court of Appeal” Archbold News (2007), issue 6 at 5-6
  • “Revisiting Stockwell” (2007) 157 N.L.J 286-7
  • “The New Homicide Ladder” (2007) 157 N.L.J 48-9
  • R v Quayle and Others: Possession of cannabis for medicinal purposes” (2005) 64 Cam L.J (November, p.535-537)
  • R v Dica: Reckless Transmission of HIV” (2005) 64 Cam L.J (March, p.20-23).
  • “Let the drunkard lie!” (2005) 155 N.L.J 1892-3
  • “Shoot, identify and repent?” (2005) 155 N.L.J 1273-4

Current Teaching
LLB
Criminal Law (Convenor of first year course)
Laws of Evidence

LLM
Criminal Process and Human Rights

Extra-curricular activities
Dr Rogers is also well known in English chess. He is a FIDE Master, and is President of Britain's top amateur Club, Barbican 4NCL, whose first team finished third in the national chess league in 2003, 2005 and 2008, and in 2010. He says, “playing chess is probably good preparation for virtually anything in life. What else forces you to take full responsibility for your decisions, whilst at the same time making you understand that you are only human and not all of your decisions will be correct?”

This page last modified 23 January, 2014 by Laws Webmaster