Overview
Gemma is a barrister practising in criminal, proceeds of crime, family and extradition proceedings. She is recognised in the Legal 500 as a Rising star in her proceeds of crime and asset forfeiture work.
Here’s what some of those who have worked with Gemma have to say about her:
Gemma also has experience working with the National Crime Agency (NCA), having advised on a wide range of data protection and operational matters, which involved dealing with a variety of jurisdictions and statutory instruments. This role included reviewing legally privileged material as independent counsel and acting in applications for extensions of pre-charge bail.
Direct Public Access
Gemma accepts instructions under the direct access scheme, allowing members of the public to instruct Gemma directly to advise them on or represent them in suitable cases.
Professional Panel Appointments
- CPS Advocate Panel Member Grade 3.
- CPS Specialist Prosecutor: Extradition Grade 1.
- CPS Specialist Prosecutor: POCA Grade 2.
Education
- University of Law - BPTC – Very Competent
- University of Warwick - Law (LLB) – 2:1
Asset Forfeiture, Confiscation & Civil Fraud
Gemma has a growing practice in the area of cash and account forfeiture, regularly appearing in these proceedings on behalf of authorities such as the National Crime Agency (NCA). She also has experience dealing with cases involving high value listed assets such as gold and restraint orders concerning international assets.
She has appeared on behalf of the Metropolitan Police in account forfeiture proceedings, particularly in one notable case which concerned a wife’s suspected link to a money laundering scheme run by her husband. The sums involved in this scheme ran into the millions. This case required careful preparation of legal arguments before the contested hearing and a detailed review of the respondent’s bank accounts. Ultimately the application was conceded by the respondent following the court ruling in favour of the submissions put forward on behalf of the police in those legal arguments.
Gemma has a growing number of instructions to represent and advise respondents in account and cash forfeiture proceedings, including applications brought by both HMRC and SEROCU (South East Regional Organised Crime Unit). She is also experienced in advising respondents and applicants on the earlier stages of account freezing and cash detention.
Gemma accepts instructions in confiscation proceedings and has secured agreed orders on behalf of clients which involved reducing the initial benefit figure put forward by the Crown. She has previously appeared in the Court of Appeal through the Criminal Cases Review Commission in respect of a confiscation order made in the sum of around £17,000. The appeal concerned legal argument in respect of the original benefit figure being calculated incorrectly by the Local Authority. Following lengthy submissions the appeal was allowed and the order reduced to £3225.
Gemma also has experience dealing with enforcement proceedings in the Magistrates’ Court on behalf of clients, successfully avoiding default terms being activated.
Criminal Defence
Gemma has experience prosecuting and defending a wide range of criminal offences in the Crown, Youth and Magistrates’ Court. These range from violent and sexual offences to those related to the supply and possession of drugs and dishonesty. She has also defended those accused of fraud and money laundering.
Some of her instructions in the Youth Court have included vulnerable young defendants charged with gang related offences involving DNA and CCTV evidence. Gemma is well versed in representing those individuals who may fall under the National Referral Mechanism scheme in relation to modern slavery.
She is regularly instructed in private driving matters in both the Magistrates’ and Crown Court, obtaining successful results on behalf of her clients.
Criminal Prosecutions - Private & Public
Gemma has experience of prosecuting in a wide range of criminal offences in the Magistrates’ and Crown Court.
She has appeared in private prosecutions concerning a variety of trademark offences.
Extradition & International
Gemma has been instructed to act on behalf of clients facing extradition under both part 1 and part 2 warrants, including countries such as Spain, Albania, Italy, France and Poland. She has a wide range of experience dealing with case management, final hearings and advising on appeals to the High Court.
Interpol
Business Crime & Financial Regulation
Gemma accepts instructions in relation to Business Crime and Financial Crime cases.
Inquests & Inquiries & Immigration
Gemma accepts instructions in relation to Public Inquiries & Inquests and she also accepts instructions in relation to Immigration matters.
Professional Memberships
- Inner Temple.
- Criminal Bar Association.
- Women in Criminal Law.
- Defence Extradition Lawyers Forum.
- Young Fraud Lawyers Association.
- Women in Family Law.
- Proceeds of Crime Lawyers Association.
Cases of Note
Criminal Case of Note
R v N [2021]
Gemma successfully defended a client charged with serious offences of false imprisonment and assault in a domestic context.
R v S [2019]
Gemma’s client was charged with dangerous driving and received a 9-month custodial sentence suspended for 2 years following a Newton hearing in the Crown Court. The conduct accepted by D involved several periods of driving with someone on the bonnet of their vehicle.
R v EH [2019]
Gemma prosecuted a committal for sentence where a 16-year-old was sentenced to 3 years detention for an offence of arson with intent to endanger life. The case involved issues surrounding the basis on which D should be sentenced following conviction at trial.
R v M [2019]
Represented a client charged with s.18 GBH. D was said to have kicked an ex-partner and broken her arm. Following PTPH the Crown accepted D’s plea to a s.20 on the basis of recklessness. Gemma’s client was sentenced to 21 months’ imprisonment.
R v B [2018]
Gemma successfully argued that exceptional hardship should be found by the bench. Her client was being sentenced for 9 offences of speeding which had all accumulated in a 2-week period. 33 points were endorsed on D’s licence but he was not disqualified under the ‘totting’ provisions.
R v S [2018]
Gemma represented a client at his sentence for facilitating a breach of immigration law. D was sentenced to 3 years imprisonment in a case where he had driven 6 strangers into the UK using a specially adapted vehicle, and had accepted he was going to receive £10,000 for doing so.
R v D [2018]
Gemma successfully represented a youth client acquitted at trial for an offence of ABH where the issue was self-defence and it was accepted D had hit C with a belt buckle. The trial involved the use of social media evidence and a non-defendant bad character application which was granted by the court.
Articles
Balancing open justice against a right to privacy for a non-party | R (MNL) v Westminster Magistrates’ Court
Gemma Rose19/04/2023
