Rosemary Pattenden

Rosemary Pattenden


Personal profile

Academic Background

Her published research has been mainly about confidentiality, the Law of Evidence, criminal appeals and judicial discretion in criminal procedure. Her writing in these fields has been cited in judgments by superior courts in the United Kingdom, Australia, New Zealand, Canada, Hong Kong, New Zealand and South Africa. Rosemary Pattenden is a member of the editorial board of the International Journal of Evidence and Proof and produced the journal’s case commentaries.


Rosemary Pattenden studied as an undergraduate at the University of New South Wales from which she holds the degrees of Bachelor of Commerce and Bachelor of Laws and a University medal. She joined UEA in 1979 on the completion of a doctor of philosophy degree at the University of Oxford and has successively held the posts of lecturer, senior lecturer, reader and, since 1998, professor in the School of Law.

Key Research Interests


Judicial Discretion and Criminal Litigation (2nd edn OUP Oxford 1990)

English Criminal Appeals 1844-1994 (OUP Oxford 1996)

The Law of Professional-Client Confidentiality: Regulating the Disclosure of Confidential Personal Information (OUP Oxford 2003)

Chapters in Books

"Criminal Appeals" in M McConville and G Wilson (eds) The Handbook of the Criminal Justice Process (OUP Oxford 2002)

H Malek (ed) Phipson on Evidence (17th edn Sweet and Maxwell London 2009) chs 28, 30-32, 41 and Supplement (2012); 18th edn forthcoming in 2014

Journal Articles

"Expert Opinion Evidence Based on Hearsay" [1982] Criminal L Rev 85

"Informal Judicial Admissions of Criminal Activity: A Comparative Study of England, Canada and the United States" (1983) 32 ICLQ81

"The Character of Victims and Third Parties in Criminal Proceedings Other than Rape Trials" [1986]Criminal L Rev 36

"Conflicting Approaches to Psychiatric Evidence in Criminal Trials: England, Canada and Australia" [1986] Criminal LR 92

"Reliability, Hearsay Evidence and the English Criminal Trial" (1986) 102 LQR292 (with Andrew Ashworth)

"Should Confessions be Corroborated?" (1991) 107 LQR 31

"Conceptual Versus Pragmatic Approaches to Hearsay" (1993) 56 MLR13

"Similar Fact Evidence and Proof of Identity" (1996) 112 LQR 44

"Silence: Lord Taylor's legacy" (1998) 2E & P14

"The Exclusion of the Clergy from Criminal Trial Juries: "An Historical Perspective" [1999] 5 Ecclesiastical L Rev151.

"Using the overtly non-incriminating statement to incriminate: a theoretical framework" (1999) 3 E & P 217-24

"Litigation privilege and expert opinion evidence" (2000) 4 E & P 213

"Racial Bias and the English Criminal Trial Jury" [2005] CLJ 678-710 (with G Daly)

"Admissibility in criminal proceedings of third party and real evidence obtained by methods prohibited by UNCAT" (2006) 10 E & P 1-41. (This article on the admissibility of statements and derivative evidence obtained by torture or ill-treatment of a person not on trial was written before the House of Lords published its judgment on 8th December 2005 in A (FC) and Others v Secretary of State for the Home Department [2005] UKHL 71)

"Authenticating Things in English Law: Principles for Adducing Tangible Evidence in Common Law Jury Trials" (2008) 12 E&P 273-302

"The Proof Rules of Pre-Verdict Judicial Fact-Finding in Criminal Trials by Jury" (2009) 125 LQR 79-110

"Pre-Verdict Judicial Fact-Finding in Criminal Trials by Jury" (2009) 29 OJLS 1-24

"The Standard of Review for Mistake of Fact in the Court of Appeal Criminal Division" [2009] Criminal L Rev 15-30

"Choice, Privacy and Publicly Funded Legal Advice at Police Stations' (2010) 73 MLR 349-370 (with L Skinns)

"Machinespeak: Section 129 of Criminal Justice 2003" [2010] Criminal L Rev 623-637

Expertise related to UN Sustainable Development Goals

In 2015, UN member states agreed to 17 global Sustainable Development Goals (SDGs) to end poverty, protect the planet and ensure prosperity for all. This person’s work contributes towards the following SDG(s):

  • SDG 16 - Peace, Justice and Strong Institutions