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Emma Gargitter

Emma Gargitter

Call: 2003

Emma practices in criminal, regulatory and public law. She combines an eye for detail with hard work, seeking always to provide informed but practical advice to her clients

Emma began practising in 2005, and for the first 5 years concentrated almost exclusively on criminal work. Those years allowed her to develop into a versatile advocate, with significant experience of prosecuting and defending before the criminal courts at all levels.

In recent years Emma has applied and expanded that experience in the fields of public and regulatory law. In particular Emma’s recent work has focussed on public inquiries, judicial review, and medical regulation.

In 2014 Emma was appointed to the Attorney General’s Panel of Counsel (C Panel), allowing her to accept work from all government departments. She also continues to accept instructions to act in relation to a variety of criminal cases, with particular emphasis on serious fraud and terrorism, and has a particular interest in cases which straddle the criminal and public law spheres

 


Crime

Emma’s criminal practice is focussed on the prosecution and defence of serious and complex cases. Her previous experience and attention to detail make her ideally suited to work on high-profile cases, such as terrorism and serious fraud. She is well-versed in all aspects of disclosure.

Emma has particular experience of advising corporate clients on issues of legal privilege as they arise in the criminal process.

Emma has prosecuted insolvency cases on behalf of the Department for Business Innovation and Skills (BIS), and is familiar with restraint and confiscation proceedings and cash forfeiture.

Emma has been appointed to the CPS Serious Crime Group and Fraud panels at level 2.

TerrorismFraudGeneral Crime

  • R v Hassane and others (2015-16) Second junior prosecution counsel in a trial of an IS-inspired plot to commit a terrorist murder or murders in London, using a firearm and ammunition.   Press Link: The Guardian
  • R v Ali and others, R v Girma and others (2007-08) Second junior for the CPS Counter Terrorism Division led by Max Hill QC, in a series of trials arising from the attempted London bombings of 21 July 2005. Ten defendants were convicted of assisting an offender and failing to disclose information about the bombers.  Press Link: BBC

  • Operation Hornet (2014-2016) Instructed for a large financial institution to advise on issues of third party and common interest privilege in providing material to the CPS.   Press Link: The Guardian
  • R v B (2011) Defending allegations of over £75k of benefit fraud. The trial involved detailed cross examination of the prosecution financial analyst.
  • R v Connolly and others (2009-2010) Prosecution junior led by Sir Derek Spencer QC in a Revenue and Customs Prosecutions Office 13 handed Tax Credit fraud. The fraud involved making of applications for tax credits using the details of fictitious and allegedly disabled children, as well as hijacked claimant identities.

Emma is often instructed in cases involving violent offences and is an experienced jury advocate in cases of this kind. She is adept at questioning and cross examining difficult witnesses in this context.

  • R v C and others (2015-16) Successful defence of the first of five defendants for robbery and false imprisonment; the defendants were alleged to have tricked their way into the complainants’ home by posing as police officers, making off with cash and valuable jewellery.
  • R v F (2012) Successfully represented a defendant of good character charged with assaulting an acquaintance in a bar.
  • R v K (2011) Instructed to represent a defendant charged with committing a robbery during the London riots. Detailed pre-trial work led to the case being dropped prior to trial.
  • R v N (2009) Successfully represented a defendant charged with affray where the Prosecution case consisted entirely of CCTV footage of the defendant using a nunchuku during a street fight.
  • R v A (2009) Successful defence of a 16-year old of good character who had stabbed the complainant in the leg after an earlier confrontation. Week-long trial involved detailed cross examination of several civilian witnesses.

Professional Disciplinary & Regulatory

Emma’s background in criminal cases combined with her experience of more inquisitorial public inquiry work makes her particularly well-suited to appearing before professional disciplinary and regulatory tribunals.

She has appeared in cases before the Nursing and Midwifery Council and the General Medical Council. She is familiar with the law and practice of regulatory tribunals and happy to accept instructions from professionals and regulatory bodies alike.

 

Inquiries and Judicial Review

Emma is an experienced inquiry lawyer. She gained invaluable experience of all aspects of the law and practice of public inquiries during four years as junior counsel to the Al Sweady Inquiry between

2010 and 2014, and has continued to build on that experience with instructions to advise a prominent witness in receipt of a Maxwell letter from the Chilcott inquiry, and more recently as second junior counsel to the Undercover Policing Inquiry.

Having extensive experience acting as an advocate in inquisitorial proceedings Emma also welcomes instructions in relation to inquests.

InquiriesJudicial Review

  • Undercover Policing Inquiry (ongoing) Second junior counsel to the Undercover Policing Inquiry with particular focus on Module 2, (examining systemic issues surrounding the operation and supervision of undercover policing from 1968 to the present).
  • Al Sweady Inquiry (2010-2014)  Junior counsel to the Inquiry which considered allegations of unlawful killing and mistreatment of individuals detained by the British Army in Iraq in 2004. She was involved in every step of the Inquiry, including:
    • Advising on and carrying into effect the investigatory phase, including compliance with the procedural requirements of Articles 2&3 ECHR.
    • Advising on restriction orders including in relation to anonymity and other measures to protect the identity and/or personal information of witnesses.
    • Requesting and obtaining evidence, utilising rule 9 of the Inquiry Rules 2006 and section 21 of the Inquiries Act 2005 to issue written requests for statements and other evidence to potential witnesses.
    • Disclosure– locating, obtaining and disclosing relevant material, including sensitive information.
    • Providing advice generally on the procedures of a public inquiry, balancing the need for transparency, fairness and due process with the requirement to avoid unnecessary cost.
    • Questioning of witnesses during oral hearings.
    • Representing the Inquiry responding to an application for judicial review.
    • Report writing and the issuing of warning letters to those the subject of intended criticism.

Since 2014, as a member of the Attorney General’s C Panel, Emma has acted on behalf of the Home Office in relation to claims for judicial review of immigration decisions. Emma has experience both of advising and appearing in claims involving:

  • Unlawful detention
  • Challenges on Article 2 & 3 grounds, including in relation to Dublin Convention returns to third countries of those seeking asylum
  • Challenges to decisions made pursuant to the Immigration Rules, including private and family life claims, and the points-based system Challenges on Article 8 grounds

Emma has also advised in relation to the issuing of civil penalties to employers found to have employed illegal workers.


Education

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MA (Hons) Cantab. – Law

Memberships

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Criminal Bar Association

Association of Regulatory and Disciplinary Lawyers

South Eastern Circuit

Lincoln’s Inn

Professional Appointments

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Attorney General’s Panel Counsel (C Panel)

CPS Prosecution Counsel, Grade 2

Languages

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Spanish (intermediate)

Italian (intermediate)

French (basic)