Approved Prosecutor on Attorney General’s list.
Expertise:- Health and Safety, Licensing, Environmental Protection prosecutions, Department of Work and Pensions, Food Standards Agency.
Michelle’s licensing experience covers: Dealing with applications for licences for sex shops and lap dancing venues, Appearing on behalf of Staffordshire Council opposing licensing applications by Sainsbury’s to sell alcohol from their service stations, Appearing on behalf of Licensees in cases of transfer or application for new licenses, Dealing with appeals on behalf of both Licensees and Residents in cases involving personal and public entertainment licenses, Representing local councils subject to appeal in the Magistrates court, Negotiating with councils as to acceptable conditions for new licenses or those subject to review, Representing the Environmental Health Department to present their views of new or reviewable licenses.
Michelle is a Grade 4 prosecutor regularly instructed to deal with heavy weight cases, she uses the skills gained in general crime to tackle the more specific requirements of Regulatory crime. She is noted for her ability to handle sensitive cases and to deal with witnesses and clients who require a considered manner.
She is thorough in her preparation and known for her ability to present complex issues in an easily comprehensible style.
Examples of recent work:- Prosecution Junior in manslaughter trial jointly prosecuted by the HSE and CPS involving significant breaches of Health and Safety law. The case went to the Court of Appeal where the Prosecution were again successful.
Prosecuting a company for incorrect usage of asbestos procedures that caused a school to close down for several months.
Mitigating on behalf of clients, particularly large factories, who have been found to have breached Health and Safety regulations, ensuring that any penalties are kept to a minimum.
Regularly prosecuting on behalf of the HSE in cases where LOLER regs of HSWA has been breached, resulting in death or serious injury.
Appearing on behalf of Staffordshire Council opposing licensing applications by Sainsbury’s to sell alcohol from their service stations.
Prosecuting individuals and companies for breaches of the Environmental Protection Act 1990.
Prosecuting Food Business Operators for failings under European directives in food hygiene.
Appearing on behalf of Licensees in cases of transfer or application for new licenses.
Dealing with appeals on behalf of both Licensees and Residents in cases involving alcohol and entertainment licenses.
Prosecution of a national company for failings relating to Pest Control.
Prosecution of a shop owner for selling items which turned out to be Ketamine.
Articles and presentations:- Confiscation law: A guide to the Proceeds of Crime Act, Bad character provisions under the Criminal Justice Act 2003, Sentencing- the long and short of it, Guide to the New Solicitors Code of Conduct, Guide to the Welfare Reform Act 2012.
Languages:- German (fluent)
Personal:- Member of amateur dramatics group performing outdoor productions of Shakespeare, Guest lecturer at Birmingham University on the subjects of Mooting and Advocacy, Circus skills.
Michelle also has experience in prosecuting companies who have gone into liquidation, advising on the public interest and potential problems in such cases. Michelle is regularly instructed to draft skeleton arguments on complex issues of law such as autrefois acquit and abuse of process. She has successfully had cases dropped against companies and individuals when defending on the strength of such arguments.
“She’s very diligent and bright.”
Chambers UK 2020
R v Wayne Davies
Joint prosecution between the Police and Health and Safety Executive, Junior Prosecutor, Involved charges of manslaughter and health and safety offences, thus requiring an in depth knowledge of several diverse areas of the law.
R v Carlton
Prosecution of a builder for breach of asbestos regulations and breach of prohibition notice. fined 55,000 and sentenced to 6 months imprisonment suspended.
R v Staples
Prosecution of a company for three separate health and safety breaches where serious injury occurred. Company fined over 100000.
R v JSF Limited
Trial of a company director for permitting his company to commit health and safety breaches. Director found guilty and fined.
R v Wayne Davies
Health and Safety Lawyers Association
LLB (Europe) (Hons)