Gary Pons

Year of Call: 1995

Gary is an experienced criminal and extradition barrister who acts in serious and complex cases, Gary's criminal work often involves a financial element. He has expertise in cases involving fraud, money laundering, murder and serious sexual offences. Gary is also highly proficient in cases involving asset forfeiture and proceeds of crime.

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Overview

Gary is a talented and dedicated barrister. He is skilled in defending cases where his approach is characterised by its careful planning and measured execution.

Gary is ranked in Chambers and Partners (2017) as a leader in the field of criminal law at the London Bar.

His practise includes areas such as asset forfeiture, extradition, licensing and civil.

He acts in international cases and recently joined the Defence team who successfully represented Ann Patton in her third trial for murder in Costa Rica. Click here to read the Daily Mail news article.  

In addition to his financial crime experience Gary deals with complex confiscation cases and is currently instructed in the enforcement of a $2 million US Judgment in the High Court. 

Professional panel appointments

  • Gary is a grade 3 Crown Prosecution Service (CPS) prosecutor.
  • Gary is on the approved CPS list of Rape advocates.
  • Gary is on the approved CPS List of Proceeds of Crime advocates.
  • Sits as Legal Advisor to Royal Borough of Greenwich Licensing Sub Committee.
  • Band C (10 years' call and above) appointed advocate for the General Dental Council (GDC).

Additional Information

Gary regularly provides lectures and seminars on a variety of subjects. He has recently covered the following subjects:

  • Criminal Aspects of Corporate Insolvency.
  • Making and Enforcing Confiscation Orders.
  • Recent Developments in Cash Forfeiture.
  • Money Laundering Prosecutions.
  • Licensing Law.
  • SEV and Gambling Law

Languages

  • Fluent in Spanish.

Education

  • Inns of Court Law School, Bar Vocational Course.
  • University of Kent at Canterbury: English and Spanish Law.
  • Year at Complutense University in Madrid: Diploma in Spanish Law.

Professional Memberships

  • Grays Inn.
  • Criminal Bar Association.
  • South Eastern Circuit.
  • Proceeds of Crime Lawyers Association.
  • International Bar Association.
  • Kent Bar Mess.

Asset Recovery, Civil Fraud & Confiscation

Gary is a specialist in the field of asset forfeiture and confiscation. He acts for the Receiver in enforcement hearings in the High Court. He has particular expertise in the relation to both confiscation and enforcement concerning matrimonial property and he has lectured on this subject. He is on the approved CPS list of Proceeds of Crime Act advocates. Gary regularly appears on behalf of the applicant in cash forfeiture proceedings under POCA.

He has recently represented the London Borough of Hackney in relation to an application to obtain a Charging Order under Criminal Justice Act 1988.

He is currently instructed to represent the Claimant in an action to enforce a $2 million US Judgment.  

Business Crime

Gary has significant experience acting for clients, both prosecution and defence, in relation to large scale fraud, white collar crime and a variety of financial crime cases.

Gary's business crime work dovetails with his asset recovery, confiscation and civil fraud work, which often involves technical points of law and financial detail.

He is currently instructed to represent the corporate defendant in matters as varied as Consumer Protection offences, Companies Act offences and Private Security Industry Act offences.

Crime

Gary acts for both the prosecution and defence in criminal cases. He is a grade 3 prosecutor and approved rape counsel. He regularly prosecutes both financial and sexual criminal offences. He is as adept at handling the financial requirements required to prosecuting complex fraud cases as he dealing with vulnerable witnesses in sex cases. Gary is a skilled prosecutor of sexual offences and is accredited on the Rape Panel. He frequently prosecutes serious sexual offences.

Gary has represented defendants throughout his career at the Bar. He has acted in the most serious of criminal cases including as junior counsel in allegations of murder, conspiracy to murder and appearing alone in relation to an attempted murder.

Gary left the Bar in 2002 for an eighteen month period during which he was employed in-house by McCormacks Solicitors. In his time there he became an accredited police station representative. He has gone on to use this to become one of the first barristers in England and Wales to be placed on the Duty Solicitor Scheme.

Extradition & International

Gary is an experienced extradition practitioner. He was junior counsel for the third appellant Rozanski in the Supreme Court case of Pomiechowski and others.

Gary represented a defendant in a large scale and international people trafficking case as junior counsel in 2005 and then represented the same defendant nearly six years later in extradition proceedings where his extradition was sought by France. Gary successfully argued that the double jeopardy rule prevented his extradition.

Gary has also appeared in a number of High Court Appeals.

Professional Discipline & Regulatory

Gary has experience in regulatory work in the Magistrates Court. He has appeared for local authorities in matters as wide ranging as application for closure orders environmental prosecutions, trademark and copyright, and consumer protection.

He has represented defendants in relation to offences under the consumer protection from unfair trading regulations, fire safety prosecutions and in tree preservation cases.

Gary has acted for both the police and the licensee in Sub-Committee Licensing Hearings. He regularly sits as a legal advisor to the Royal Borough of Greenwich Sub Committee in respect of their more high profile licensing hearings. Gary has conducted both licensing appeals and prosecutions under the Licensing Act in the Magistrates Court.

Gary frequently provides detailed lectures to the London Borough Legal Alliance on various aspects of Licensing.

Gary is also an appointed advocate for the General Dental Council (GDC).

Cases of Note

ASSET RECOVERY, CIVIL FRAUD AND CONFISCATION

R. v Hamid Court of Appeal (Criminal Division) [2014] EWCA Crim 2827

Represented the Crown in an appeal concerning the valuation of pensions and the abolition of the distinction between protected and non-protected rights.

R. v Vickers (Colin) Court of Appeal (Criminal Division)[2010] EWCA Crim 3246

Represented the Appellant in a successful appeal against a confiscation order. This case was concerned with tainted gifts and sham transactions.

BUSINESS CRIME

R v Chavda

Prosecution Counsel in a complex pharmaceutical drug case involving significant money laundering and complex confiscation proceedings.

EXTRADITION AND INTERNATIONAL

Costa Rican Public Prosecutor v Ann Maxine Patton

Part of the Defence team successfully acting for the Defendant who was facing a charge of murder. The proceedings took place in Costa Rican and were conducted entirely in Spanish.

Rozanski v Regional Court 3 Penal Department Poland [2012] UKSC 20; (2012) 162 N.L.J. 749

Junior Counsel for the Third Appellant in a case involving consideration of the nature of the time limits in relation to extradition appeals.

CRIME

R v R and R

Prosecution counsel in successful prosecution for sexual abuse of children by grandfather and father.

R v Scott

Junior Counsel for the defendant charged with unlawful act manslaughter by trapping the deceased in a loft.

R v Joseph

Prosecution counsel in successful prosecution of a defendant charged with rape and sexual offences in respect of three girls.

R v Hines and Others

Junior Counsel in a seven handed conspiracy to murder.

R v Smith

Defending an allegation of attempted murder by husband on his wife.

R v Dulgheru and Others

Junior Counsel in a large scale people trafficking for the purpose of sexual exploitation case.

REGULATORY

R v De Guzman and Others

Prosecution Counsel in one of the first illegal money lending cases to be tried in London.

RBG v Ozbourme and Ozbourme

Acted for Local Authority in a successful prosecution in respect of Licensing Offences.

RBG v Units 1- 4,10 & 14 Lyndean Industrial Estate

Acted for RBG in successful application for extension of Closure Order in respect of Industrial Units being used as churches.