Gary Pons
An experienced and highly proficient barrister who specialises in complex financial cases often with a multi-jurisdictional element. Ranked in Chambers & Partners and Legal 500.
- Junior counsel in the case of Moss [2019] EWCA Crim 50: concerning the recognition and enforcement of a confiscation order abroad.
- Gary represented the prosecution in the appeal of Benos| [2019] EWCA Crim 1093: This was a case concerning a deed of variation to a will and the legal effect of conditions precedent contained within the deed. The Court of Appeal described his written submission as “powerful”.
- Gary represented the prosecution in the appeal of Gbadebo [2018] EWCA Crim 2508: A case concerning out of time appeals and fresh evidence.
- He has been instructed since 2015 in a large asset recovery case in Costa Rica, which is currently focused on the private prosecution of a Costa Rican trustee for misappropriation of the trust assets.
Practice Area
Panel
- Case Analysis Panel
Qualified Year
- 1995
Membership
- POCLA
- FLA
Education
- University of Kent
1 Contributions by Gary Pons
PRACTICE NOTES
Magistrates’ court freezing and forfeiture of bank account monies under POCA 2002: AFOs, AFNs, variations, victims’ rights, appeals and compensation
Background—the creation of the powers
Chapter 3B, Part 5 of the Proceeds of Crime Act 2002 (POCA 2002), titled ‘Forfeiture of money held in bank and building society accounts’, sets out the mechanism for detaining and forfeiting money in bank accounts. In brief, it enables applications for:
account freezing orders (AFOs) over funds in bank accounts
requests to vary or discharge AFOs
a streamlined process to issue a forfeiture notice
account forfeiture orders
the involvement of victims and other owners
appeals concerning forfeiture decisions
applications for compensation
These applications are heard in the magistrates’ court. They are self‑contained proceedings, separate and independent from any related criminal case. The process is governed by the Magistrates’ Courts (Freezing and Forfeiture of Money in Bank and Building Society Accounts) Rules 2017, SI 2017/1297.
Civil recovery and cash forfeiture
Although courts have handled cash forfeiture applications since the Criminal Justice (International Co‑operation) Act 1990, POCA 2002 introduced civil recovery of property and broadened the scope of cash forfeiture...
Corporate Crime
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