Rudi Fortson KC

Barrister

An independent practising barrister for over 40 years. He ‘took silk’ in 2010. He is a Visiting Professor of Law at Queen Mary University of London, and an Honorary Visiting Professor of Law at the Law School, University of Liverpool. He is a member of Middle Temple.

A highly rated academic barrister with a fine and analytical mind.Legal 500

Rudi Fortson KC is noted for his work in relation to serious crime, including fraud, confiscation, asset-recovery, money-laundering, drug law, weapons, homicide, law of evidence, and Artificial Intelligence in the context of criminal proceedings in England and Wales.

Rudi Fortson KC has advised various businesses and individuals on complex UK and EU legal issues concerning the production and distribution of medicinal products, psychoactive substances, hemp and CBD products, medicinal cannabis, licensing, the medicines legislation; and weaponry.

Rudi Fortson was a consultant to the Law Commission for England and Wales in respect of its firearms project; its Anti-Money Laundering project (2018-2019); and (September 2020 to current) its reform of the Proceeds of Crime Act 2002 confiscation regime after conviction. Fortson’s paper for the Law Commission on ‘Firearms and the Law’ (2015) is renowned.

Rudi Fortson KC served on the ‘Runciman’ Independent Inquiry into the Misuse of Drugs Act 1971” as its principal legal adviser (Police Foundation, Chair: Lady Runciman DBE), and he was a member of the Criminal Justice Forum for the Institute for Public Policy Research (‘Them and Us’). He was also a member of (and the principal legal adviser) the ‘Independent Working Group on Drug Consumption Rooms’ (Joseph Rowntree Foundation). More recently, Fortson was a National Rapporteur in respect of the FNR CORE research project “Criminal Proceedings and the Use of AI: Challenges for Common Criminal Procedure Principles and the Principles of the Rule of Law” (“CRIM_AI”) organised by the Faculty of Law, Economics and Finance (FDEF), University of Luxembourg.

Rudi Fortson KC has attended various ‘experts meetings’ at the European Commission in Brussels. He was a member of a Task Force jointly set up by the Centre for European Policy Studies (CEPS) and the School of Law at Queen Mary University of London (QMUL) on ‘the Future of EU, UK and US Cooperation in Criminal Justice and Police Cooperation’ (i.e., ‘Brexit’). He spoke in Paris (May 2019) on the question “Brexit and Criminal Justice: Will pragmatism prevail over politics?”.

Professional Memberships

Rudi Fortson KC is a member of the Criminal Bar Association (England and Wales), the Forensic Science Society (Great Britain), the British Academy of Forensic Science, the Proceeds of Crime Lawyers Association, and the Financial Services Lawyers Association.
Rudi Fortson KC is also a member of Drug Science.
Rudi Fortson KC Is a member of the Friends of ERA (the Association of the Academy of European Law). He has spoken to papers at the Academy, Trier: “Anti-Money Laundering and Financial Services in the EU” (Trier, Germany, 15th-16th November 2018); at the ERA 2021 “Annual Conference on Financial Compliance in the EU” (4th-5th November 2021); and at the ERA 2024 Conference “Anti-Money Laundering and Financial Services in the EU” (Trier, 16^th and 17^th November 2024).

Testimonials

“exceptional”, “a staff and a rock to his client”: “Fortson is a very good lawyer. Juries like him and as do judges. He is an effective but sympathetic cross-examiner”: “Rudi is and always has been a real professional.” Chambers & Partners
“A highly rated academic barrister with a fine and analytical mind”. Legal 500

Books

“Misuse of Drugs and Drug Trafficking Offences” (Sweet & Maxwell, 6th ed., 2012). A 7^th edition is in preparation (Oxford University Press).
“The Serious Crime Act 2007” (Oxford University Press, 2008).
“The Serious Organised Crime and Police Act 2005” (Sweet & Maxwell)
“Criminal Justice Act 2003” (Sweet & Maxwell).
“Criminal Justice Act 1991” (Sweet & Maxwell).

Other Major Publications

Contributing editor to Blackstone's Criminal Practice (from 2007 to current); drugs; drug trafficking; firearms; other weapons; explosives.
Contributing editor to Blackstone’s Criminal Practice Supplements (from 2008 to current): drug offences, firearms, confiscation, and asset recovery.

Other Works

Contributing chapter “AI Evidence in Criminal Proceedings in England and Wales : Issues and Challenges” (Fortson V. Mitsilegas and C. Salvi) published in “AI Evidence and Criminal Proceedings” (Bloomsbury and Hart Publishing; Anthology Editor: Katalin Ligeti (2026)):
Contributing chapter ‘Unfitness to Plead: a plea in evolution’: for a publication (pending) by Professor R. Mackay (‘Comparative and international aspects of fitness to plead’; OUP);
Contributing chapters (‘Money Laundering Offences’, and ‘Terrorism money laundering’): ‘Banks and Financial Crime: The International Law of Tainted Money’ (Sir William Blair; R. Brent and T. Grant, OUP, 2017”;
Introductory chapter (‘Abuse of Process’, ed., C. Wells, (successive editions));
Contributing chapter: ‘New Psychoactive Substances and the Criminal Law’: ‘Forensic Toxicology: Drug Use and Misuse’, eds., S. Davies, A. Johnston, D. Holt (Royal Society of Chemistry, 2016)
Contributing chapter ‘Mental Condition Defences and the Criminal Justice System Perspectives from Law and Medicine’, Edited by Ben Livings, Alan Reed and Nicola Wake, Cambridge Scholars Publishing, (2015).
Contributing chapter ‘Participation in Crime” (specifically ‘Inchoate Liability and the Part 2 offences under the Serious crime act 2007’: edited by A. Reed and M. Bohlander, Ashgate Publishing, 2013).
Contributing chapter on Diminished Responsibility: “Loss of Control and Diminished Responsibility Domestic, Comparative and International Perspectives” (Edited by A. Reed and M. Bohlander, Ashgate Publishing, November 2011).
Contributing chapters (confiscation and money laundering) to Banks and Financial Crime ‘The International Law of Tainted Money’, Edited by William Blair QC and Richard Brent (2008, OUP).
Fortson, R. (1996). ‘The sentencing of drug couriers’. In Green P.(Ed.), ‘Drug couriers: A new perspective’ (pp. 79–111), London; Quartet.
Former Contributing Editor to Archbold: Criminal Pleading, Evidence and Practice (1991 and 1995; two chapters).

Articles

Rudi Fortson KC is a regularly contributor and case commentator for the legal profession’s flagship journal (the Criminal Law Review) as well as Archbold News; (Sweet & Maxwell), and other journals:

Treating nitrous oxide as a Class C controlled drug (Archbold Review, Issue 2, 25 March 2024).
Reflections on Jogee: Overwhelming Supervening Act (Archbold Review, 2021; co-author).
Revising the sentencing guideline in drug cases (Criminal Law Review; 2020).
Acid, knives, and firearms: the Offensive Weapons Act 2019 (Criminal Law Review; 2020).
Reforming the SARs regime: questions of practice and legal principle (B.J.I.B. & F.L. 2019, 34(9), 608-611).
The Psychoactive Substances Act 2016 (Criminal Law Review; April 2016).
The misnomer of “apportionment” in confiscation cases: R v Fields [2013]: January 2014.
Sentencing drug offences: Sentencing Council Guidelines.
Are We Misusing the Misuse of Drugs Act 1971?: Criminal Law Today, Issue No.2, December 2011.
Leading Questions: A Critical Analysis [2011] Crim.L.R. 279 (with Professor Adrian Keane).
Prosecution Appeals - Too Much of a Good Thing? [2010] Crim.L.R. 169 (with Professor David Ormerod, and Andrew Waterman QC).
Surveillance by the State v Surveillance of the State, Archbold News, Issue 5, June 11, 2009.
Confiscation proceedings: Adieu Layode and R. v K.?, Archbold News, Issue 8, September 11, 2007.
Serious Crime Act 2007: The Part 2 Offences [2009] Crim.L.R. 389 (with Professor David Ormerod).
Bad Character Evidence and Cross-admissibility [2009] Crim.L.R. 313 (with Professor David Ormerod).
Drug Suppliers as Manslaughterers (Again) [2005] Crim.L.R. 819 (with Professor David Ormerod).

Annotated Statutes (Current Law Statutes; Sweet & Maxwell)

Criminal Justice (International Co-operation) Act 1990.
Criminal Justice Act 1991.
Criminal Justice Act 1993.
Drug Trafficking Act 1994.
Police and Magistrates' Courts Act 1994.
Proceeds of Crime Act 2002 (civil recovery).
Criminal Justice Act 2003 (Parts 1-11, 13 (part) and 14).
Domestic Violence, Crime and Victims Act 2004.
Gangmasters Act 2004.
Drugs Act 2005.
Serious Organised Crime and Police Act 2005.
Serious Crime Act 2007.
Criminal Justice and Immigration Act 2008.
Coroners and Justice Act 2009 (parts 2-9).

Recent Media

Rudi Fortson KC was interviewed about the potential use of AI in criminal proceeding: BBC Radio 4 – “The Artificial Human”.

Serious Crime

R v JS – Snaresbrook Crown Court – murder; joint enterprise.
R v OK – Ipswich Crown Court – murder and assault; domestic violence context; diminished responsibility;
R v GL – Isleworth Crown Court – prohibited weapons; ammunition; meaning of “ammunition”.
R v RM – Bristol Crown Court – Long trial; Drug trafficking, firearms, Encrochat evidence; Encrochat issues.
R v LG - Ipswich Crown Court – Murder, acquitted, three month trial, six defendants, concerning gang rivalry. LG has alleged to have driven attackers to and from the scene of the crime. Case included detailed evidence, DNA, ABE interviews, vulnerable witnesses, special measures, tracking evidence, pathology, and issues of joint enterprise (R v Jogee), good and bad character. Complex legal argument throughout. Press Link.
R v FPM - Chelmsford Crown Court, murder case, 5 week trial, two defendants acting jointly in the sustained beating of occupant in a flat, arson, being reckless of endangerment to life. There was a high risk of fire spreading to the block of flats, causing residents to flee, CCTV evidence, expert evidence, pathology, blood splatter, DNA – ‘cut-throat’ defences. Press Link.
R v DJ - Twelve defendant case at Blackfriar’s Crown Court involving a conspiracy to steal, money laundering, theft, disposal, export, of high value cars on an industrial scale, proceeds of crime, laundering and acquisition of criminal property, complex facts, issues of disclosure of information.
R v MUA & Another - Manchester Crown Court concerning immigration offences. 'Surrinder Singh Route' – statutory interpretation, Immigration Acts, case law analysis.
R v E - Murder of E's wife; Worcester Crown Court.
R v Hs & Others - Large scale drug trafficking, controlled drugs, steroids, psychoactive substances: Middlesborough Crown Court.
R v A - Appeal - Drug paraphernalia sold by retailer.
R v DM - Producer of short films; charged with possession of a Class A drug (cocaine) with intent to supply it at a music festival’.
R v LK - Acquitted of murder, four men charged with offences that included the murder of a male (motive unknown) by setting body alight. Three month trial involving issues of joint enterprise, causation, hearsay, cross-admissibility of evidence.
R v C - Representing lead defendant, murder, two defendants. The defendant repeatedly stabbed the deceased, defence of "slow-burn" provocation by a third party.
R v RA - Murder, five defendants, 8 week trial, alibi defence, joint enterprise.
R v MA - Eight week trial, husband and wife. Husband charged with immigration and money laundering offences, wife charged with money laundering the proceeds of her husband’s alleged immigration offences.
R v M - Representing main defendant, alleged to have illegally sold veterinary medicines in the UK, substantial trade, cross-border activity: Russia, Holland, Belgium and France. Multi-handed prosecution by DEFRA. Complex law, UK and EU law issues. Abuse of process (legitimate expectation, delay and ability to participate) mental and physical health difficulties.
R v P - High value deception / fraud. P a former Head of Estates and Procurement Manager with a law enforcement agency, alleged abuse of the public’s trust, high value false accounting.
R v McL - Murder; male (46 yrs) killed his mother with a club hammer, cutting her throat and wrists. Long and complex history of paranoid schizophrenia, manslaughter on the grounds of diminished responsibility.
R v C - 2 charges of manslaughter and arson at a residential nursing home.
R v MH - MoD employee; 9 counts of corruption - alleged benefit £418,000 - realisable assets exceeded alleged benefit - negotiations resulted in confiscation proceedings being settled.
R v JP - Alleged corruption by a service provider re contracts for work done on behalf of a prosecuting Agency.
R v CH - Substantial drug production, vast quantities of LSD and other “designer drugs”.
R v H & Others - Conspiring to supply drugs and money laundering – alleged to be the country’s (then) biggest cocaine ring consisting of a 50-strong gang with conduits in every major city. Highly complex confiscation proceedings.
R v G & Others - Substantial quantity of firearms and ammunition.

Significant Court of Appeal Cases

R v Malik - Bad character evidence
R v Bhanji - Confiscation - absence of a defendant to participate
R v Jarvis - Admissibility of bad character evidence
R v Campbell - Admissibility of bad character evidence.
R v James and Karimi - Manslaughter; provocation
R v Gunning - Firearms, mandatory sentencing.
R v Walls - Confiscation; determination of benefit; property.
R v Garcia and Sanchez - Multi million pound conspiracy to supply class A drugs.
R v Levin - Rules of evidence relating to confiscation proceedings
R v O'Grady - Confiscation appeal (advice) £2.3 million benefit alleged.
R v Clayton - Confiscation appeal arising out a fraud of £1.2 million.
R v H - Human rights, chastisement of child, the legality of.
R v King - Life terms under Crime (Sentencing) Act 1997.

Proceeds of Crime Act

R v MT – Southwark Crown Court – confiscation proceedings in the context of substantial frauds.
R v TS – Southwark Crown Court – asset-recovery proceedings in the context of substantial frauds; confiscation of assets.
R v G - (Confiscation proceeding pending) underlying drug trafficking offences, alleged benefit and assets in excess of £1 million.
R v VR - Major SFO confiscation proceedings (pending: £1.2 billion).
R v Heath & Others - Defending a customs’ officer, money laundering.
R v Thakrar & Others - Money laundering (part of a £12 million laundering enterprise).
R v DB & Others - 17 count indictment, alleged money laundering arising out of an advance fee fraud. B, a computer expert and an investor (acquitted on the main charges). Two co-defendants were accountants. Over £1.25 million alleged to have been dishonestly obtained/ laundered. Cross border crime.
R v Mahony - Confiscation of assets (£1.8 million alleged benefit, reduced).
R v Levin - Confiscation appeal (benefit +£1m).

Fraud and Financial Regulation

R v VR - An SFO prosecution for an alleged metal trading fraud spanning several jurisdictions with loses to the US and UK banks with a benefit of £1 billion.
R v B - Allegation of MTIC fraud with VAT loss in excess of £90 million, involving the importation of huge quantities of mobile phone and related equipment. Trial January 2011.
R v AB - Defending an alleged £93 million MTIC fraud.
R v O & Others - Massive Internet fraud - large-scale 'cracking' and distribution of high quality commercial software - spanned several jurisdictions.
R v A & Others - VAT evasion, (part of a £15 million scheme; defending).
R v C and others - Tobacco smuggling on a substantial scale - £55 million loss to the Treasury.

Asset Recovery & AML

R v G - contested confiscation proceedings - cross-border case - supply of counterfeit medicine into the UK - placing them into the legitimate supply chain – replacing branded genuine medicinal products. Over 70,000 packs of counterfeit medicine, in excess of I million tablets, were imported into the UK - retail value of the medicines involved is in excess of £7million.
R v TB & Others - Confiscation proceedings - criminal venture that generated an alleged benefit of “£61.2 million”
Re: RC LTD - External Request to enforce a confiscation order made in Macau – defendant convicted in Macau for corruption and money laundering offences – 3^rd party asserting ownership over assets worth in excess of £9 million.
R v RM & 10 Others - Confiscation proceedings – RM the main defendant in a multi-handed DEFRA prosecution - distribution and sale of unauthorised veterinary medicinal products (VMD’s) – £multi-million turnover - more than 4,000 British customers – cross-border activity – Russia, Hungary, Holland, Belgium and France - large seizures made in the UK - French authorities seized some 20 tonnes of VMPs – large seizures made by Belgium authorities – complex UK and EU legal issues – statutory interpretation - expert scientific evidence, abuse of process, computer evidence, fitness of the defendant. Confiscation proceedings - alleged benefit approximately £6.5 million.
R v B & Others - Confiscation proceedings – substantial MTIC fraud - £149 million - VAT due from each company ranged from £26.5m to £39.1m – laundering through overseas associates.
R v G - confiscation proceeding - underlying drug trafficking offences - alleged benefit and assets in excess of £1 million.
R v VR - Major SFO confiscation proceedings (£1.2 billion).
R v H & Others - defending a customs’ officer, money laundering.
R v KT & Others - Money laundering (part of a £12 million laundering enterprise).
R v DB & Others - 17 count indictment - alleged money laundering - advance fee fraud - B, a computer expert and an investor (acquitted on the main charges) - two co-defendants were accountants - over £1.25 million alleged to have been dishonestly obtained/ laundered - cross border crime.
R v M - Confiscation of assets (£1.8 million alleged benefit, reduced).
R v L - Confiscation appeal (benefit +£1m).