Michael Forster
Year Called
to the Bar:1984 (Gray’s Inn)
Degree:LLB
Teams: Crime & Regulatory
Common Law
Memberships: Criminal Bar Association
Western Circuit
Appointments:Attorney General’s Specialist Unified List of Prosecuting Counsel, Grade ‘A’
Specialist Counsel to the Environment Agency
Specialist Counsel to the Health & Safety Executive on the Western Circuit
CPS Prosecutor, Grade 4
Practice Areas:
Mr. Forster'spractice is divided between Criminal work, for both prosecution and defence, and Common Law. He covers all areas of criminal work but specialises in cases involving commercial fraud and regulatory crime. Michael has also beeninstructed by the CPS Headquarters Casework Fraud Division. In addition he undertakes work for Local Authorities, both county and district, as well as private clients; focusing on Trading Standards, Breaches of Planning Control, Food Hygiene, Licensing and Health and Safety at work.
His Common Law practice centres on commercial contract.
In addition to the cases listed, Mr. Forster has been instructed in a number of murder / attempted murder and gross negligence manslaughter cases; one of the latter concerning an investigation involving a large number of fatalities of elderly patients at a hospital. In particular, this required consideration of disclosure issues under the Freedom of Information Act 2000 and requests for further information by various statutory bodies.
Regulatory
He has represented a number of well known high street retailers in respect of trading related and Health and Safety issues; for example, on charges of offences contrary to the Trade Descriptions Act; concerning delivery hours; under age alcohol sales; food hygiene legislation; breach of advertising regulations; and on water pollution offences under s85 of the Water Resources Act 1991.
Mr. Forsterhas advised and represented major high street retailers in relation to appeals against the issue of prohibition notices by the Health and Safety Executive.
He has represented a number of Local Authorities in relation to Trading Standards and other trading offences; for example, the prosecution of a toy manufacturer and wholesale distributor in respect of unsafe and incorrectly marked toys; and offences under the Electromagnetic Compatibility Regulations.
Mr. Forsterhas been involved in a number of cases involving branches of Health and Safety legislation involving accidents in industrial and commercial premises. For example, in relation to a dangerous fork lift truck and side loader, and a case involving an appeal against a prohibition notice in relation to an escalator in a large department store after an accident in which a child's wellington boot and foot were drawn into the mechanism. He has advised a fire and rescue service in relation to fire escape route provision.
He has conducted a number of unlawful deposit cases on behalf of the Environment Agency; for example R v. B, involved the deposit ofa very large quantity of builders' waste within sight of an area of outstanding natural beauty. He was instructed to advise the Environment Agency in relation to the unlawful deposit of (possibly contaminated) waste from a large office building site excavation in Kent. He has advised a Local Authority as to the ambit of 'special waste'.
He has represented a Local Authority in a noise nuisance prosecution appeal in the Crown Court, where he was against Queen's Counsel, instructed on behalf of the defendant company.
He has advised a Local Authority in relation to an appeal to the High Court,with regards tothe ambit of a resolution prohibiting street trading.
He has advised a Local Authority as to whether there were any criminal offences committed as a result of alleged irregularities during alocal election.
He has prosecuted a number of cases involving breaches of animal welfare legislation, i.e. causing unnecessary suffering and associated offences.
Mr. Forsterhas been instructed in a number of inquests involvingfor example; the fatal injury of amaintenance contractor falling onto a railway track, the death of a young worker in a grain silo, a fatality during police pursuit and the death of a young person whilst in care of a local authority.
Judicial Review and Appeals
Mr. Forsterhas also been instructed in a number of appeals to the High Court by way of the case stated / applications for Judicial Review.
Some examples include:
DPP v G - QBD - 1997
Judicial Review case concerning the issue of whether a head teacher was bound by codes under Police and Criminal Evidence Act 1984 when questioning a teacher about an alleged assault on a pupil. Reported as DPP v G (Duty to investigate) The Times, November 24 1997 (See Archbold 2010, paragraph 15-11) Instructed by CPS.
R v Aldershot Youth Court ex parte DPP (D&W) & R v Aldershot Youth Court ex parte DPP (C&K)
Two applications for Judicial Review involving the refusal of the Youth Court to commit young persons charged with grave crimes to the Crown Court for trial. Instructed by the CPS.
CPS v NW Hants Magistrates' Court
Application for Judicial Review of disparate sentence imposed for serious offences by a Youth Court. Instructed by CPS.
R (on the Application of F) v Southampton and New Forest Magistrates' Court
Application for Judicial Review in relation to Magistrates' refusal to state a case.
R v DPP
Judicial Review and Appeal by way of Case Stated re conviction for driving with excess alcohol, involving numerous alleged technical breaches of procedure. Instructed by CPS.
T v Southampton Magistrates' Court
Responded to an Appeal by Case Stated re: sufficiency of hearsay evidence of service of a notice of intended prosecution.
P v DPP
Appeal by Case Stated in respect of a speeding conviction where the issue was non compliant signage and the existence in law and extent of the 'envelope argument'. Instructed by CPS.
Mr. Forster was instructed on behalf of the Police to respond to the firstAppeal to the Crown Court on Circuit against a Forfeiture Order under Section 298(2) of the Proceeds of Crime Act 2002.
12 College Place, FauvelleBuildings, Southampton SO15 2FE
Tel: (023) 8032 0320 Fax: (023) 8032 0321