Contact

Address

Centre for Criminology

St Cross Building
St Cross Road
Oxford OX1 3UL

Other affiliations

Biography

Thesis: Preventive Justice or Preventing Justice? Reassessing Preventive Orders.

In my thesis I aim to assess whether preventive orders are preventive measures and/or punishment. With this aim in mind, I will 1. offer a new taxonomy of preventive orders; 2. critically assess ECtHR case law on articles 5 (liberty), 6 (fair trial), and 7 (non-retrospectivity); and 3. aim to develop on current conceptions of 'prevention' and 'punishment'. 

 I did an LLB at the University of York (2011-2014). I then did the MSc in Criminology and Criminal Justice at the University of Oxford (2014-2015). After that, I was a research assistant on the criminal law team at the Law Commission of England and Wales (2015-2016). I have since been working toward a DPhil in Criminology (2016-current). I am an editor for the Oxford Human Rights Hub Blog and tutor criminal law at Trinity College.

Publications

Displaying 1 - 7 of 7. Sorted by year, then title.
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  • Rory Kelly, 'The devil’s in the process: appraising the decision to introduce a Stalking Protection Order ' (2018) J. Crim L. (forthcoming)
    : In December 2016, the previous Government announced plans to introduce a Stalking Protection Order. The SPO would target ‘stranger stalking’. The purpose of this article is not to critique the Government’s laudable aim of tackling stranger stalking. The purpose is, instead, to critically appraise the process which led to the Government’s decision to introduce the SPO. The central contention is that problems with the process of consultation undertaken by the Home Office have resulted in a Government commitment to introduce an order of doubtful efficacy that poses wider risks to citizens.
  • Rory Kelly and L Harris, 'A dangerous presumption for risk-based sentencing?' (2018) LQR [Case Note] (forthcoming)
  • Rory Kelly, 'Reforming Maximum Sentences and Respecting Ordinal Proportionality' (2018) Crim LR (forthcoming)
  • L Harris, Rory Kelly, J Roberts and L Tai, 'A response to Scottish Sentencing Council's consultation on the Principles and Purposes of Sentencing Draft Guideline' (2017) S. News 9
    This piece was submitted to the Scottish Sentencing Council as a response to the consultation exercise conducted in relation to the Principles and Purposes of Sentencing Draft Guideline.
  • Rory Kelly, 'The right to a fair trial and the problem of pre-inchoate offences' (2017) EHRLR 596
    Pre-inchoate offences, often found in the counter-terrorism laws, present a problem. The heightened criminal fair trial safeguards in art.6(2)– (3) of the European Convention on Human Rights are meant to be a protection against unfair state punishment. Yet some pre-inchoate offences can conceivably be made out in similar circumstances to those in which preventive orders can be imposed. Preventive orders have tested the limits of art.6 through their use of hybrid civil-criminal procedure. By comparison, pre-inchoate offences affect what has to be evidenced not by changing the relevant procedure, but by changing the form of the offence. As such, art.6 does not limit these offences; somewhat ironically, this means we must defend against pre-inchoate offences "further up-field".
  • Rory Kelly and L Harris, 'A response to the Sentencing Council's consultation paper on breach offences' (2016) S. News 12
    This brief article attempts to identify key areas which consultees may wish to consider when responding to the Sentencing Council's Breach Offences Guideline Consultation.. Additionally, it identifies some overarching questions as to the approach taken by the Council in producing the draft guideline.
  • Rory Kelly, 'Setting sights on reform: Government adopts the Law Commission's recommended reforms of firearms law' (2016) Archbold Review 7
    On the 16 December 2015, the Law Commission published its Report on firearms law. The majority of its recommendations have recently been accepted by the Government and are included in Pt 6 of the Policing and Crime Bill 2015-2016. The recommendations followed the publication of a Scoping Consultation Paper that sought consultees' views on a range of provisional proposals intended to remedy the most pressing problems undermining the effectiveness of the law governing the use and possession of firearms. The Commission received responses from over 200 consultees including individual members of the licensed firearms community in addition to a number of representative organisations, the police, the Crown Prosecution Service, and the Scottish Government. Set out below are the recommendations for resolving the pressing problems within firearms law, an explanation of the relevant clauses of the Policing and Crime Bill and the case for the codification of the law.

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Centres

Research programmes

Research Interests

penal theory, criminal law, sentencing, human rights

Options taught

Criminal Law (Mods)

Research projects