Gemma is an experienced barrister practising in health and human rights, focussing on regulatory matters as well as health and welfare matters before the Court of Protection. She is instructed in health care regulatory and fitness to practice cases—from referral through to review and appeal—and in health and welfare-related Court of Protection matters.
Gemma regularly appears in the Court of Protection, acting for litigation friends (including the Official Solicitor), local authorities/public bodies, and family members. She regularly represents parties involved in challenging deprivations of liberty under section 21A, particularly in complex cases and is experienced in complex welfare matters under section 16 of the Mental Capacity Act 2005.
Gemma has strong interest and expertise in medical law and ethics, with an emphasis on future-proofing regulation relating to AI, data (including biometrics), and direct-to-consumer genetic testing. Health-related human rights are also a key focus of her practice and research, especially the right to privacy under Article 8 of the European Human Rights Act.
Gemma is on the editorial board of the Journal for Law, Technology and Trust and was previously an associate for the PHG Foundation, a think tank and charity focused on ways genomics and related technologies can improve healthcare.
Gemma also has experience in academia, having taught and researched in the field of medical law and ethics, with a focus on biometrics, data, human rights, reproduction, capacity-related issues, and the regulation of future health technologies. She also taught in the areas of criminal law, criminal justice, and international criminal law.
Prior to coming to the Bar, Gemma gained extensive experience in sexual and reproductive health and rights at the international level.
From September 2008 until March 2015, Gemma was appointed by the Department of Health as a lay member of the Human Fertilisation and Embryology Authority (HFEA). She was deputy chair of HFEA between 2012 and 2015 and also chaired the Ethics and Standards Committee amongst other roles. Gemma was previously a trustee of Brook, a charity dedicated to promoting the sexual health of young people, and an elected member and bursary officer of the Executive Committee of the Human Rights Lawyers Association from 2006-2012.
Gemma has been listed by Chambers and Partners as a leading junior in professional discipline since 2015, and she is listed in Legal 500 in the category of professional discipline and regulatory law. Gemma is also listed in Legal 500 as a leading junior in the court of protection and community care category for her Court of Protection work.
Chambers and Partners 2025 described Gemma as "Someone who is very thorough. Clients like her because she is practical, sensible and reasonable."
Legal 500, 2025 says “Gemma's commitment to those she represents is second to none. She always goes above and beyond to make herself available for the case”; ”She works meticulously on all her cases, she is super bright and gets excellent results for her clients.”
“A super bright junior. She is practical and realistic in her approach which tribunals and clients appreciate and warm to.”—Legal 500, 2024
"Her approachable nature and her professionalism have been key factors instilling in me a strong confidence that she is acting in the best interests of my client, with a keen awareness of their needs."—Chambers and Partners, 2023
“Very knowledgeable on GMC [General Medical Council] disciplinary cases” and “very thorough and dedicated to her clients, she utilizes her experience to push new points of law.”—Legal 500
In relation to her regulatory work, sources have described Gemma as an "absolutely fantastic barrister who has encyclopaedic knowledge of the area" and as a “standout barrister who has practiced at the core of the area for a long time and is the author of a book that many people use”. She is "a clear-headed and compassionate person when it comes to dealing with regulated persons” and “provides top-level, practical advice. If it’s a tricky case containing particularly complex issues, she’s the go-to counsel as she’s able to cut through the issues and think of an innovative way forward”. Furthermore, Gemma is “particularly good at advising on technical issues.” Sources also note that “[s]he has great analytical skills, is pragmatic, practical and always gets fantastic results” and describe her as “calm, professional and persuasive.”
Sources also note that Gemma is “incredibly thorough and leaves no stone unturned” and is “[g]ood with clients and has a total grasp of the brief.” She is “[v]ery dedicated and very good on her feet. She’s full of practical and pragmatic solutions.” Other sources agree that “[s]he is good on her feet” and praise her “very creative and helpful approach, as well as good clarity of thought.”
Gemma represents and advises registrants facing fitness to practise proceedings before their regulators—including doctors before the Medical Practitioners Tribunal Service (MPTS); nurses, health visitors and midwives before the Nursing and Midwifery Council (NMC); registrants before the Health and Care Professions Council (HCPC); and pharmacists before the General Pharmaceutical Council (GPhC). She has co-edited and contributed to Professional Discipline and Health Care Regulators: A Legal Handbook, and provides training on health care regulation.
Gemma has been instructed in a wide range of cases concerning health, conduct, and competence. Gemma advises and acts at all stages of a case, from pre-referral to appeal, including at interim order hearings and substantive hearings. Gemma has strong witness-handling skills and is able to understand and unpick complex medical issues and terminology. She is well versed in crafting preliminary legal arguments where needed, including in relation to the exclusion of evidence and abuse of process; arguing half-time submissions; and presenting a coherent and strong case for her clients. Gemma has represented doctors, nurses, midwives, health visitors, physiotherapists, paramedics, psychologists, ODPs, and bio-medical scientists. Gemma has also sat as a legal assessor/advisor in regulatory proceedings.
Notable cases:
Health and Care Professions Council (HCPC) v SB: Securing conditions in a case in which a never incident occurred in a blood bank.
HCPC v MB: Securing a complete acquittal on dishonesty allegations against an operating department practitioner (ODP).
General Medical Council (GMC) v MQ: Representing a doctor at full hearing (led by Edward Fitzgerald KC). Following an abuse of process argument, all clinical charges were stayed. A dishonesty finding resulted in a suspension of three months.
GMC v NT: Successfully preventing the imposition of any form of Interim Order on a doctor at an early stage in a GMC Fitness to Practice (FTP) investigation (led by Edward Fitzgerald KC).
GMC v ET: Representing a doctor facing extensive dishonesty charges in relation to his CV (led by Chris Sallon KC). Despite a large number of factual particulars being found proved, no impairment was found, and the matter was ended with the imposition of a warning.
Health Professions Council (HPC) v KO: Represented a physiotherapist at an eight-day hearing involving substantial documentation as a result of the wide-ranging charges relating to record keeping and practise. The case was concluded with a suspension order that was later varied to conditions.
Nursing and Midwifery Council (NMC) v SP: Represented a health visitor at a four-day hearing concerning dishonesty charges, which were found proved. The case was concluded with a suspension order.
NMC v FL: Represented a health visitor over a 14-day hearing in a case with extensive documentation, charges, and witness handling in relation to issues of child protection, safeguarding, and record keeping. Of the extensive charges that remained in dispute, all were either dismissed at half time or found not proved at full time. The matter was concluded with a Caution Order.
ES: Advised a head teacher during the preliminary stages of proceedings alleging, inter alia, the misappropriation of school funds.
NMC v AS: Represented an individual alleged to have obtained admission to the register by fraudulent or other means at an interim orders hearing.
HCPC v SG: Represented a paramedic in a case concerning capacity assessment and record keeping. Following full admissions to facts and misconduct, no impairment was found.
HCPC v D: Represented a registrant at an eight-day hearing concerning extensive conduct allegations. A number of allegations were dismissed at half time following extensive cross examination of the HCPC witnesses, and of the disputed particulars that went to full time, only half of one particular was found proved.
HCPC v G: Five-day hearing concerning allegations of lack of competence/conduct against a physiotherapist; a number of charges were found not proved.
HCPC v P: Four-day hearing concerning extensive dishonesty allegations.
NMC v S: Representing a senior nurse at a 15-day hearing concerning extensive dishonesty allegations, a number of which were stopped following application. The case was concluded with a conditions of practice order.
NMC v P: Representing a health visitor in a seven-day hearing. Due to NMC disclosure issues, an abuse of process application was made on behalf of the registrant at the outset of the hearing; the application to have a key prosecution witness statement read by the NMC was successfully resisted on behalf of the registrant. At half time, seven of the 10 allegations were stopped following application. Two of the remaining three allegations were found proved, but the panel did not find that those findings amounted to misconduct.
NMC v T: Six-day hearing representing a health visitor. A number of charges were stopped at half time following a successful application. All other charges were the subject of admission and the matter was concluded with a caution order.
NMC v J: Six-day hearing representing a nurse. All clinical competence charges were stopped at half time following a successful application. Dishonesty charges were found not proved at the end of the fact stage, leaving only minor admitted factual matters, which were not found to amount to misconduct.
NMC v G: Five-day hearing representing a nurse on dishonesty allegations relating to a medication coverup. This was a complicated case with heavily contested facts and involved extensive and careful cross examination of all NMC witnesses. Half of the allegations were stopped at half time following a successful application. The remaining allegations were found not proved at the end of the fact finding stage.
NMC v S: Three-day hearing representing a nurse who made full admissions to dishonesty allegations. The matter was concluded with a Conditions of Practice Order.
NMC v O: Five-day hearing concerning wide ranging competence and dishonesty allegations. Following various successful legal arguments, only one of the eight charges was found proved. The panel were persuaded this did not amount to misconduct.
NMC v O: Five-day hearing concerning allegations of patient harm. The matter was concluded with a caution order.
General Pharmaceutical Council (GPhC) v S: Three-month suspension secured in case concerning acceptance of police caution for drug possession.
HCPC v G: Conviction case for fraud in course of employment. The panel were persuaded that, despite the criminal conviction, the registrant’s fitness to practise was not impaired, and therefore the allegation was not made out.
Gemma advises and acts in statutory appeals arising out of decisions (pre, during, and post hearing) of health care regulators.
Gemma also advises on potential judicial reviews of decisions impacting health care professionals, including issues involving Enhanced Criminal Record Certificates.
Gemma accepts instructions in public law and other related challenges in the health sector.
She has been instructed in judicial reviews relating to prisoner welfare, parole board challenges, education law, and health law.
Gemma has a particular interest in mental health law and has previously lectured on criminal sentencing and violent offenders on the Institute of Psychiatry’s Forensic Psychiatry MSc programme.
Gemma has a busy Court of Protection practice and acts in cases concerning a wide range of health and welfare matters.
Gemma regularly appears in the Court of Protection, acting for litigation friends (including the Official Solicitor), local authorities/public bodies, and family members. She regularly represents parties involved in challenging deprivations of liberty under section 21A, particularly in complex cases and is experienced in complex welfare matters under section 16 of the Mental Capacity Act 2005.
Gemma spent three years in academia teaching medical law and ethics; she also taught criminal law, which often crosscuts issues of necessity, consent, and capacity. Her research centred on ethical issues relating to health, human rights, and regulation.
Gemma was a lay member of the Human Fertilisation and Embryology Authority from 2008 to 2015. Her roles during this time included a term as deputy chair and as chair of the Ethics and Standards Committee, which gave her considerable opportunity to develop and demonstrate her decision making and judgment on finely balanced ethical and medical issues.
Gemma has been instructed in clinical negligence matters and has a particular interest in those relating to reproductive/gynaecological concerns.
Gemma has also been instructed as a junior to Robin Oppenheim KC in a complex cross-jurisdictional matter.
As a result of her regulatory law practice, Gemma is experienced in examining health and other care records and cross-examining expert witnesses. Gemma has strong witness-handling skills and the ability to understand and unpick complex medical issues.
Gemma was previously instructed by Action against Medical Accidents (AvMA) in a threatened judicial review in which the Secretary of State agreed to amend NHS Guidance that permitted hospitals to refuse to investigate complaints from patients harmed by poor care.
Gemma spent three years in academia teaching medical law and ethics, as well as criminal law, which often cross-cuts issues of necessity, consent, and capacity. Her research centred on ethical issues relating to health, human rights, and regulation.
Gemma was a lay member of the Human Fertilisation and Embryology Authority from 2008 to 2015. Her roles during this time included a term as deputy chair and as chair of the Ethics and Standards Committee, which gave her considerable opportunity to develop and demonstrate her decision making and judgment on finely balanced ethical and medical issues.
Professional Discipline and Health Care Regulators: A Legal Handbook, Jon Whitfield QC and Gemma Hobcraft. LAG, 2018.
Contributed chapter on human fertilisation to Medical Treatment: Decisions and the Law, C. Johnston (ed.). Bloomsbury Professional, 2016.
Contributed a case commentary to Medical Law Reports, 2016.
Contributing author to Halsbury’s Laws of England: Rights and Freedoms.
Professional Discipline and Health Care Regulators: A Legal Handbook, Christopher Sallon QC, Jon Whitfield QC, and Gemma Hobcraft. LAG, 2012.
Contributed chapter on human rights and sentencing in Human Rights in the Investigation and Prosecution of Crime Investigations, J. Cooper and M. Colvin (ed.s). OUP, 2009.
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? European Human Right Law Review 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 and T. Baker, 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 94, 2006, 350.
Navigating International Meetings: A Pocketbook Guide to Effective Youth Participation, G. Hobcraft (contributing editor). United Nations Association of Canada, 2002.
Gemma has organised and delivered bespoke trainings on professional discipline law to unions, solicitors’ firms, and other interested groups. Trainings have included: a seminar on the public law aspects of professional discipline work; race and disciplinary proceedings; challenging disclosure and barring decisions for professionals; and an all-day training on interim orders. Gemma has filmed ‘Masterclasses’ for legalPD and has delivered all-day trainings on professional discipline for MBL Seminars.
