Overview
Gemma practises predominantly in professional discipline and regulatory work (representing registrants before their regulatory bodies - including the General Medical Council, the Nursing and Midwifery Council and the Health Professions Council) and in allied proceedings before the First Tier Tribunal (Care Standards). Gemma also practises extensively in extradition and is listed in Chambers and Partners 2012 as a Band 2 Extradition Expert. Gemma also practises in public law - health and education, international law and criminal protest cases.
Prior to coming to the Bar , Gemma gained extensive experience in sexual and reproductive health and rights working at international level for 9 years. In addition, she has been a trustee for various health related organizations for over 10 years and is currently a lay member of the Human Fertilisation and Embryology Authority (HFEA).
Extradition law:
Gemma is instructed in a wide range of extradition cases, in both the Magistrates Court and in appeals to the High Court. She has a particular interest in health issues, especially where issues of HIV and AIDS arise and a particular interest and experience in representing single mothers in extradition proceedings, where their children would go into care if they were extradited. Gemma is ranked in Chambers and Partners 2012 as an Extradition Expert:
"Gemma Hobcraft inspires substantial confidence in those she works with. Sources reserve special mention for her "prompt, efficient" service and her helpful, copious references to relevant precedents. She also provided input on the Gary McKinnon matter."
Gemma has been involved in a number of high profile extradition cases, including assisting on the case of McKinnon v The Government of the United States of America [2008] UKHL 59, [2008] 4 All ER 1012, providing extensive assistance in relation to issues of life without parole sentencing and of plea bargaining. She also devilled in the case of Deputy Public Prosecutor in Creteil v Lofti Moulai [2009] UKHL 2, [2009] 3 All ER 1035. Gemma is instructed in a number of extradition hearings for the requested person which raise a variety of issues including, the validity of European Arrest Warrants, various bars to extradition and human rights considerations. She has a particular interest in health issues, especially where issues of HIV and AIDS arise.
Recent High Court cases include:
- Dula v Public Prosecutor for Zwolle Lelystad, Holland [2010] EWHC 469 (Admin)
- Akyol v DPP Zwolle Lelystad, Netherlands [2010] EWHC 605 (Admin)
- Herdman v City of Westminster Magistrates' Court [2010] EWHC 1533 (Admin) (Led)
- R (ota Dos Santos) v Portugal [2010] EWHC 1815 (Admin)
Professional and Disciplinary Law
Gemma represents registrants facing fitness to practise proceedings before their regulators - including doctors before the General Medical Council (GMC), nurses and midwives before the Nursing and Midwifery Council (NMC) and registrants before the Health Professions Council (HPC). Gemma has been instructed in a wide range of cases alleging, inter alia, clinical lack of competence, and dishonesty. Gemma has strong witness handling skills, the ability (given her background) to understand and unpick complex medical issues and terminology, and is well versed in challenging the drafting of charges, preliminary legal arguments - including exclusion of evidence and double jeopardy, arguing half time submissions and presenting a coherent and strong case for her clients.
Public Law
Gemma has been instructed in judicial reviews relating to prisoner welfare, education law and health law.
International Law
Through her LL.M, and various positions working abroad - as a Law Clerk at the International Criminal Court (Den Haag) and as a Graduate Intern at the Center for Reproductive Rights (CRR) (New York) as well as through practise, Gemma has gained substantial experience in international law, most notably: - Legal Opinion (with others) on the compatibility of the Anti-Homosexuality Bill in Uganda with international human rights law - March 2010 for the Commonwealth Lawyers Association
- De Boucherville v State of Mauritius [2008] UK PC 37 (Led)
Languages spoken (including level competency) - Spanish (intermediate)
- German (basic)
Memberships - Human Rights Lawyers Association (HRLA) - Executive Committee Member and Bursary Officer
- Criminal Bar Association
- Extradition Lawyers Association
- Association of Disciplinary and Regulatory Lawyers
Publications
- Human Rights in Criminal Investigations. J.Cooper and M.Colvin (Eds) OUP 2009 - contributing author - chapter on human rights and sentencing
- Doughty Street Chambers 'Human Rights Bulletin' - Contributing Editor (January to September 2008) - Organising and digesting case-law for Chamber's Human Rights Bulletin, sent to over 1,000 subscribers
- G.Hobcraft 'Roma Children and Education in the Czech Republic, DH and Others v The Czech Republic: Opening the door to indirect discrimination findings in Strasbourg?' EHRLR 2 (2008) 245
- J.Cooper and G.Hobcraft 'The IMPACT of human rights', Impact 13 HIV and the Law, Policy Bulletin 13, National AIDS Trust, July 2007
- G.Hobcraft, 'Special needs of adolescent and young women in accessing reproductive health: Promoting partnerships between young people and health care providers' International Journal of Gynecology and Obstetrics (2006) 94 350
- G.Hobcraft (Contributing Editor) 'Navigating International Meetings: A Pocketbook Guide to Effective Youth Participation' United Nations Association of Canada, 2002
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Year of Call
2006
Education
BA (Hons.) History, Post Graduate Diploma in Law, LL.M. Human Rights Law; Lincoln's Inn (Kennedy, Hague and Shelford Scholar)
Email Address
g.hobcraft@doughtystreet.co.uk
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Specialist Teams
Member :
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