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Dr Jonathan Rogers
  • Senior Lecturer
  • Faculty of Laws

Dr Rogers graduated from Nottingham University in 1993 and started his PhD at UCL the following year. He accepted his first full-time lectureship at Brunel University in September 2000 and moved to UCL in September 2002. He was promoted to a Senior Lectureship in 2010.

Research Groups
Research Themes
Research Summary
Dr Rogers wrote his PhD on exculpatory defences in criminal law, where he sought to draw distinctions between public authorities acting in the execution of their duties and all other persons who might plead an exculpatory defence. Some of these ideas were developed in his first article, which remains the seminal piece on the use of firearms by soldiers and policemen, and he returned to them in delivering a paper at the first Conference of UCL's Centre for Criminal law in September 2010.

In 2006, Dr Rogers` first article on prosecutorial discretion was published in the Oxford Journal of Legal Studies. “The Code for Crown Prosecutors can be much better structured than it presently is. Yet the Scottish and Northern Ireland Codes still model themselves upon the English structure, as though it were incapable of improvement”. A follow-up article on abuse of process appeared in the Current Legal Problems volume of 2008, and is the first prescriptive work to discuss what the boundaries of this common law doctrine ought to be. In 2010, he wrote the leading article on the Purdy litigation, explaining why the House of Lords erred and also outlining how the problems of over-inclusive law (such as assisted suicide) should be addressed by prosecutors.He has since written on the role of the prosecutor in applying and developing the substantive law and is currently examining the concept of "proportionality" in prosecutorial decision making.

Dr Rogers has also contributed the first prescriptive articles on the effect of the Human Rights Act 1998 on substantive criminal law. His article on positive obligations examined the pressures which might be applied to member states to expand their criminal law to protect vulnerable victims of crime. He has since argued how the doctrine should have been employed in the judicial review of the decision not to prosecute for murder over the shooting of Jean Charles de Menezes, and (separately) how the doctrine was overlooked by the House of Lords when considering the problem of time limits in prosecuting historic cases of underage sexual intercourse. In his Current Legal Problems lecture in December 2004, he addressed the situation where a defendant claims that his prosecution or punishment would violate any of the rights in Articles 8-11 of the ECHR.

Dr Rogers remains interested in “traditional” areas of substantive criminal law. He writes regularly on self-defence, wrote one of the leading critiques of the Law Commission's Consultation paper on Homicide, and later criticized the Law Commission's “timidity” in its proposals to reform the law on criminal attempts. More recently he has addressed the various anomalies which arise when the supply of an illegal drug leads to death, and suggested a package of reforms to the law and has outlined the proper role of deception in vitiating consent in sexual offences.

Teaching Summary
LLB (Undergraduate)

Criminal Law (Convenor of first year course)

Laws of Evidence

LLM (Graduate)

Criminal Process and Human Rights (Convenor)

Academic Background
1999 PhD Doctor of Philosophy – Criminal Law University College London
1993 LLB Bachelor of Laws – Law University of Nottingham
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