Gemma Rose

Year of Call: 2015

Gemma is a barrister practising in all areas of criminal, family and extradition proceedings.

Our specialist clerks can be contacted by email on clerks@5sah.co.uk or phone on 020 7332 5400. To contact our Chambers Director directly in relation to a specific members’ practice, please email dscothern@5sah.co.uk

Overview

Gemma is a barrister practising in all areas of criminal, family and extradition proceedings. She also has experience working with the National Crime Agency (NCA).

Here’s what some of those who have worked with Gemma have to say about her:

“I found her to be hardworking, ever present when needed, her knowledge was sound, clear and direct; and that she has a natural affinity for criminal litigation.”

“Her communication skills are first class, and she strikes up an instant rapport with clients – engaging them fully and inviting confidence and trust.”

Professional Panel Appointments

  • CPS Advocate Panel Member Grade 2.
  • CPS Specialist Prosecutor: Extradition Grade 1.

Education

  • University of Law - BPTC – Very Competent
  • University of Warwick - Law (LLB) – 2:1

Professional Memberships

  • Inner Temple.
  • Criminal Bar Association.
  • Women in Criminal Law.
  • Defence Extradition Lawyers Forum.
  • Young Fraud Lawyers Association.
  • Women in Family Law.

Asset Recovery, Civil Fraud & Confiscation + View All Specialist Areas

Gemma has experience of working with the National Crime Agency (NCA), she regularly advises on a wide range of data protection and operational matters, dealing with a variety of jurisdictions and statutory instruments. This role has included reviewing legally privileged material as independent counsel and acting in applications for extensions of pre-charge bail.

Gemma has experience dealing with enforcement proceedings in the Magistrates’ Court on behalf of clients, successfully avoiding default terms being activated in relation to non-payment of confiscation orders.

She has appeared on behalf of the Metropolitan Police in account forfeiture proceedings. One notable case concerned a wife’s suspected link to a money laundering scheme run by her husband involving millions of pounds. This case required careful preparation of legal arguments 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.

Gemma accepts instructions in confiscation proceedings. She was recently instructed in appealing a confiscation order in the Court of Appeal through the Criminal Cases Review Commission in the sum of around £17,000. The appeal concerned legal argument in respect of the original benefit figure being incorrect. Following lengthy submissions the appeal was allowed and the order reduced to £3225. 

Cases of Note

Criminal Case of Note

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.