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Home > Barristers > Jacob Bindman

Jacob Bindman

  • Call: 2010
Legal 500 UK Awards 2015: Winner

Introduction

Jacob provides advice and representation in the fields of criminal law, international law, public law and actions against the police.

Practice

National Security/Terrorism

Having worked in this area prior to coming to the Bar he has continued whilst in practice. He is regularly instructed in a range of proceedings including; criminal trials, parole hearings and various seizure and passport related proceedings under the Terrorism Acts. Jacob is currently a co-authoring a book on terrorism law to be published in 2017/18. Some recent cases include:

R v Shaukat [2016] Central Criminal Court

Represented the defendant in a month long trial charged under s.5 Terrorism Act 2006 in respect of alleged assistance given to British fighters travelling to Syria. Jacob was led by Rajiv Menon QC of Garden Court Chambers.

 

R v Shaukat [2016] Court of Appeal Criminal Division

Led by Rajiv Menon QC. First sentence appeals before the Lord Chief Justice concerning section 5 of the Terrorism Act 2006 following the guideline judgment in Kahar & Ors: R v Abdallah & Ors [2017] 1 Cr. App. R. (S.) 29.

 

IM – [2017] Parole

Representing post tariff IPP prisoner in parole hearing which raised issues in respect of prison intelligence and Extremist Risk Guidance assessments.

 

JF – [2016] Parole

Successfully acted for client who was convicted for part in Al Qaida plot in 2003. His client was deemed suitable for release and the panel acceded to submissions in respect of the disproportionate nature of a number of the terrorism offender licencing conditions.

Criminal defence

Jacob appears in a wide range of criminal cases including:

  • Terrorism
  • Fraud
  • Public Order (Protest)
  • Court Martial
  • Serious Violence
  • Drugs

  

Financial Crime

 

Jacob is instructed in a full range of matters from cash and asset seizure to criminal trials. Some recent cases include:

R v KK & CK [2017] Uxbridge Magistrates Court

Successfully resisted an application by the NCA for continued detention of over £75,000 seized from 2 West African businessmen at Heathrow.

 

R v MJ & Ors [2017] Kingston Crown Court

Led junior in £10m confiscation proceedings arising from a £160m conspiracy to supply Class A drugs.

 

R v JH [2016] Snaresbrook Crown Court

Multi handed benefit fraud arising from a large-scale conspiracy to supply false information for EEA nationals to claim benefits in the UK.

 

Serious Fraud Office v Rolls Royce [2016]

Disclosure counsel for SFO in massive bribery and corruption investigation into Rolls Royce which concluded with the highest value Deferred Prosecution Agreement since the introduction of the legislation. .

 

R v PA [2015] Aylesbury Crown Court

The jury returned a not guilty verdict in less than an hour after Jacob’s client had been prosecuted for money laundering after admitting allowing his bank account to be used for transfers which later turned out to be fraudulent.

 

R v JH [2015] Central Criminal Court
Jacob obtained a suspended sentence for his client in two cases that were joined for sentence following guilty pleas to conspiracy to defraud charges relating to attempted foreign currency transfers amounting to approximately £450,000. In conjunction with instructing solicitors, a detailed psychologists report was obtained showing that the defendant had a particularly compliant nature and numerous issues arsing from a traumatic personal history.

 

 

Protest/Public Order

 

R v Hussain [2017] Stratford Magistrates Court

The case against a 26 year old youth worker was dismissed by the judge following Jacob’s submission of no case to answer regarding the Police Officers’ lack of lawful authority to stop and detain the defendant. The case received national news coverage and is the subject of an on-going IPCC investigation: http://www.independent.co.uk/news/uk/home-news/police-brutality-scotland-yard-directorate-professional-standards-brownlivesmatter-a7358361.html

 

R v MM [2016] Southwark Crown Court

Affray matter arising from disorder the anti austerity demonstration that took place in the wake of the 2015 general election.

 

R v MD – [2016] Isleworth Crown Court

Successful appeal against conviction following 2015 student demonstrations.

 

R v DO [2015] Southwark Crown Court

Jacob’s client was sentenced to a community order following a plea to affray arising from student demonstrations held in Central London in 2014. Following mitigation the judge made it clear he distinguished the defendant from previous student demonstrations specifically required the probation service to ensure the conditions of the community order did not interfere in any way with the defendant’s employment.

 

 

R v JB & Ors [2015] Huntingdon Magistrates Court

Successful acquittal for 3 defendants charged with aggravated trespass arising from a protest at the offices of Sodastream in the UK. After evidence and extensive submissions court found comprehensively for the defendants that they had planned and executed the protest with minimal disruption and acted reasonably throughout. The case is reported here: http://www.cambridge-news.co.uk/Protesers-targeted-Sodastream-West-Bank-factory/story-25894678-detail/story.html

 

R v AW [2015] Harrow Crown Court
After a successful submission of no case to answer a racially aggravated public order charge was dismissed arising from the defendant’s desecration of a Union Flag at an anti fascist demo. Following the defendant’s conviction for 2 Obstruct PC charges arising from the arrest, Jacob continued to represent the defendant at his appeal which was allowed on both charges. The judge heavily criticised the evidence of one of the arresting officers, stating that it was inconsistent and unreliable and questioned whether the prosecution should have been brought at all.

 

R v LH [2014] Southwark Crown Court
This was an appeal concerning the legality of a search warrant in respect of forced entry to premises by Met Police in the run up to the G8 protests and the subsequent conviction of the defendant for assaulting an officer. The appeal raised novel issues concerning the effect of an invalid search warrant and access to PII material. After written and oral argument the appellant succeeded in arguing the effect of an invalid search warrant would result in his conviction being quashed if its validity could be called into question.

 

 

R v SN & Ors [2013] Cardiff Magistrates Court
Case involving Tamil protestors charged under the Public Order Act 1986 after running on the pitch at an international cricket match. The case raised issues in respect of Art. 10 ECHR which were the subject of extensive legal argument at trial.

 

 

Court Martial

 

R v XY – [2016] Bulford Military Court & Court Martial Appeal Court

Led by Clare Wade in Court Martial concerning historic sexual offences. The case involved novel and complex issues in respect of the age of criminal responsibility and jurisdiction. Jacob was also led in two interlocutory appeals before the Court Martial Appeal Court arising from the same case.

 

 

Other Crime

 

R v AAS – [2017] Harrow Crown Court

Long running case representing client with complex mental health issues as a result of his historical detention and torture in Iraq under Saddam Hussein. The Crown were eventually persuaded to offer no evidence following extensive medical evidence and service of an abuse of process argument.

 

R v PS [2016]Harrow Crown Court

The jury deliberated for just 20 minutes before acquitting Jacob’s client of s.18 GBH following a 4 day trial which concerned an alleged assault outside a pub in North London.

 

International law & Human Rights

Jacob provides advice and representation to individuals and NGO’s on issues involving human rights, national security, corruption and environmental abuses. In 2015 Jacob was a Pegasus Fellow at the Centre for Constitutional Rights (CCR) in New York where he worked on habeus corpus petitions for remaining Guantanamo Inmates and the CCR’s attempts to secure prosecution of those involved in the Bush era torture program.

Some of Jacob’s recent cases include:

KK & ors v AML – (England & Wales High Court QBD) Ongoing
Instructed by Leigh Day & Co, Jacob acts on behalf of 142 villagers situated around a large iron ore mine in West Africa. The claimants seek damages for personal injury, death and other damage allegedly caused by the actions and negligence of the British company that owns the mine, following local protests about their operations. The case involves complex issues around the Act of State doctrine and Rome II regulations. Led by Richard Hermer QC of Matrix Chambers. Media coverage can be found here: http://www.theguardian.com/world/2015/nov/29/sierra-leone-african-minerals-london-high-court

 

PSC v HP [2016]

Instructed to draft an opinion on the legality of operations of a major international company in the Occupied Territories and potential issues relating to International Humanitarian Law.

 

 

Jacob has worked at the International Criminal Court (ICC) in The Hague as an intern for the senior legal advisor to President Song on issues of international criminal law and judicial review, particularly in the prison law context. Whilst at the Court he drafted detailed memos on a number of ground-breaking issues that arose out of the first trials to get under way at the ICC. Following this, Jacob worked at the Independent Jamaican Council for Human Rights in Kingston, Jamaica where he assisted with civil actions against the police and capital appeals. Whilst in Jamaica he also assisted Lord Gifford QC with a libel action brought by the proprietor of one of the country’s major newspapers against another one. Jacob is committed to the international protection of human rights and recently acted pro bono for the Malawi Human Rights Commission appeals project in the case of The Republic v Mkwinda & Tomasi in which 2 men whom had previously been sentenced to the mandatory death penalty were released immediately on appeal.

 

 

Background

Upon completion of pupillage Jacob worked as a Judicial Assistant to Lord Kerr of Tonaghmore at the UK Supreme Court. During his time there Jacob worked closely on a wide range of cases including some of the most significant to come before the Court in recent years, such as Smith v MOD [2013] UKSC 41 (extra territorial application of Human Rights Act and combat immunity), Bank Mellat v HM Treasury [2013] UKSC 38 and [2013] UKSC 39 (proportionality, fairness and closed material procedures in the application of financial sanctions), and the Privy Council case of The Queen v Lundy (New Zealand murder appeal involving novel brain tissue analysis).

 

Prior to coming to the Bar, Jacob spent four years as a paralegal at well-known human rights firm, Birnberg Peirce and Partners. During his time there he worked primarily on national security cases, particularly terrorist asset-freezing, Special Immigration Appeals Commission cases and Control Orders, as well as a range of criminal and civil work. Throughout his time at the firm he also worked on the case of Eddie Gilfoyle, considered by many to be one of the longest miscarriage of justice cases in British history (see Jacob’s article in Issue 65 of Socialist Lawyer).

 

 

 

Awards

  • Lord Bowen Scholar, Lincoln’s Inn
  • Lord Denning Scholar, Lincoln’s Inn
  • Hardwicke Entrance Award, Lincoln’s Inn
  • International Criminal Court Scholarship, Lincoln’s Inn
  • Pegasus Fellow, Pegasus Trust

 

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