Jacob provides advice and representation in the areas of criminal defence, financial crime, extradition, national security and related public law matters.
Jacob also provides advice and assistance on international human rights issues.
Criminal Defence
Overview
Jacob defends in a wide range of serious criminal matters. He has considerable experience of terrorism and national security cases, and is able to bring his experience of other disciplines to bear on criminal proceedings. Jacob is also regularly instructed in cases involving vulnerable clients and victims of trafficking and exploitation.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
R v DBG [2022] Central Criminal Court
Led by Clare Wade KC, Jacob acted for the defendant charged with a double murder during the first national Covid 19 lockdown.
R v AS [2022] Central Criminal Court
Led by Stephen Kamlish KC, Jacob acted for the first defendant accused of murder following a vehicle pursuit across London. The case was preceded by a lengthy abuse of process argument relating to prosecution reliance on witnesses said to be guilty of offences in the course of the fatal incident.
R v IY [2020] Central Criminal Court
Led by Michael Ivers QC, Jacob acts for a young man accused of murder in an alleged attack relating to a dispute over a former girlfriend.
R v Deol [2019] Reading Crown Court
Acted for the sole defendant charged with manslaughter arising from an allegation of baby shaking after the so called ‘triad’ of injuries were discovered following the tragic death of a very premature baby. The defendant was unanimously acquitted after a three-week trial before Mrs Justice Whipple. The defence did not call any expert witnesses and relied on cross-examination of the leading experts in the field to demonstrate the child had been in a collapsed state by the time she was found by the defendant. Led by Rajiv Menon QC.
R v Iftikhar [2019] Birmingham Crown Court
Led by Stephen Kamlish QC, Jacob represented the main defendant in a firearms prosecution. The case involved a lengthy abuse of process argument and resulted in a significant change in the way digital evidence is preserved by the West Midlands Police Force.
R v KH (& ors) [2018] Oxford Crown Court
Represented one defendant in a five-month trial arising from Operation Silk concerning allegations of sexual abuse in Oxfordshire. The case involved one of the longest jury deliberations in history. Jacob was led by Clare Wade QC. An appeal due to be heard by the Court of Appeal in 2019.
R v XB [2018] Harrow Crown Court
Defendant acquitted of Aggravated Burglary in case revolving around DNA evidence.
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.
Court Martial
R v XY - [2016] Bulford Military 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 (R v PD [2016] EWCA Crim 1904]).
Terrorism
R v MK [2023] Central Criminal Court
Prosecution under s.5 Terrorism Act 2006 for an alleged plot to target a member of the armed forces. Jacob is led by Hossein Zahir KC.
R v IA [2023] Central Criminal Court
Jacob appears alone for the defendant who faces charges relating to terrorism notification requirements. The case raises complex issues relating to the applicability of crypto accounts to the notification legislation.
R v Hussain [2017] Central Criminal Court
Acted for an Imam in a rare prosecution under s.1 Terrorism Act 2006 (encouraging terrorism) and encouraging support for a proscribed organisation, relating to sermons delivered to his congregation in the Midlands. The case involved substantial argument on the validity of expert evidence relating to disputed concepts in the Islamic faith. Jacob was led by Michael Ivers QC.
R v AS [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 AS [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.
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National Security / Terrorism
R v QQ [2020] Central Criminal Court
Jacob appeared alone at trial for the defendant in the first ever prosecution for breach of a Temporary Exclusion Order under the Counter Terrorism and Security Act 2015.
R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10
Instructed by Leigh Day & Co, Jacob acted for the NGO, Reprieve in their intervention in this case concerning fundamental issues around the provision of evidence to foreign states by way of mutual legal assistance, where there is the prospect that the death penalty will be imposed. Jacob was led by Mark Summers QC (Matrix).
R v Hussain [2017] Central Criminal Court
Acted for an Imam in a rare prosecution under s.1 Terrorism Act 2006 (encouraging terrorism) and encouraging support for a proscribed organisation, relating to sermons delivered to his congregation in the Midlands. The case involved substantial argument on the validity of expert evidence relating to disputed concepts in the Islamic faith. Jacob was led by Michael Ivers QC.
R v AS [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 AS [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.
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Financial Crime and Confiscation
Overview
Jacob is regularly instructed as lead junior or junior alone in a wide range of matters relating to white-collar and financial crime. These have included duty evasion, banking fraud, VAT fraud, as well as forfeiture and confiscation. Jacob regularly provides advice to individuals and organisations on issues such as search and seizure, judicial review of prosecuting authorities, including the SFO and foreign proceedings. He has also delivered seminars on issues such as warrants and Unexplained Wealth Orders.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
India v Nirav Modi [2020] City of Westminster Magistrates Court
Currently part of a team instructed to act for the requested person in this substantial white-collar extradition case. Concerns an extradition request by the Government of India relating to an allegation of a $1bn banking fraud.
R v AX & Ors [2020] Snaresbrook Crown Court
Acting for one defendant in this multi handed case concerning allegations of conspiracy to commit trademarks offences and money laundering. Due for trial in November 2020.
Jury take just 30 minutes to acquit after four-week conspiracy to defraud trial
R v KT and Ors [2018] Blackfriars Crown Court
Acted as junior alone in a multi handed conspiracy to defraud TFL involving the misuse of staff privilege cards. After a four-week trial, the defendants were acquitted by the jury after just 30 minutes of deliberation.
Prosecution offer no evidence after extensive disclosure failings regarding cross-border issues
R v H & Ors [2018] Kingston Crown Court
Jacob appeared as lead junior for the first defendant in one of the largest prosecutions for VAT and duty evasion. The case collapsed after two years following the discovery of significant non-disclosure by the Crown and abuse of process argument on behalf of the defendants relating to the issue of cross border surveillance.
Admissibility of foreign proceedings challenged
R v S [2018] Blackfriars Crown Court
Major international conspiracy to defraud case involving the manufacture of devices used in card skimming. Led by Ali Bajwa QC, Jacob acted for the lead defendant in the four-week trial which raised significant issues regarding the Crown's approach to major disclosure exercises.
Cash detention successfully resisted
R v KK & CK [2017] Uxbridge Magistrates Court
Successfully resisted an application by the NCA for continued detention of over £75,000 seized from two 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.
Novel cross-over of criminal, immigration and social security law
R v JH [2016] Snaresbrook Crown Court
Junior alone for one defendant in this multi-handed benefit fraud arising from a large-scale conspiracy to supply false information for EEA nationals to claim benefits in the UK.
Major bribery investigation
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.
Acquittal after manipulation of vulnerable defendant uncovered
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.
Novel mitigation based on psychological evidence
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 psychologist's report was obtained showing that the defendant had a particularly compliant nature and numerous issues arising from a traumatic personal history.
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Protest Rights
R v Hallam & Ors [2020] Isleworth Crown Court
Jacob acts for one defendant facing a count of conspiracy to cause public nuisance along with Extinction Rebellion co-founder, Roger Hallam and others. The case relates to an allegation that the group planned to deploy drones around Heathrow Airport to disrupt flights. Instructed by Simon Natas of ITN solicitors. Due for trial in 2022.
R v Sandford & Ors [2020] Southwark Crown Court
Acting for two defendants facing a charge of conspiracy to cause criminal damage relating to action taken by Extinction rebellion activists at the Brazilian Embassy during the 2019 fires in the Amazon Rainforest. Instructed by Simon Natas of ITN solicitors.
Extinction Rebellion [2019] Inner London Crown Court
Jacob acted for one defendant in a trial arising from protests undertaken on the Docklands Light Railway as part of the Extinction Rebellion protests. Instructed by Mike Schwarz (at that time) of Bindmans LLP.
The Stansted 15 – activists prosecuted under law introduced after Lockerbie bombing
R v Thacker & Others [2018] Chelmsford Crown Court
Jacob acted alone for one of the defendants in this two month trial on a charge under s.1(2)(b) of the Aviation and Maritime Security Act 1990. The case involved the novel use of a law primarily aimed at terrorism related incidents at airports against 15 activists who sought to prevent a plane used to deport migrants back to various parts of Africa from taking off. The case attracted significant media attention including coverage in BBC and Guardian.
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, see article in The Independent, and is the subject of an on-going IPCC investigation.
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 three 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.
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.
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Criminal Appeals
Overview
Jacob's has a varied appellant practice and is regularly instructed to advise upon appeals on a range of matters relating to both conviction and sentence. Jacob is also instructed in Privy Council appeals and applications to the Supreme Court.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
R v KK & Others [2020] 4 W.L.R. 63
Appeal concerning the correct approach to the issue of jury irregularities arising from a 6 month trial of 11 defendants for a variety of historic sexual offences. After a 5 month trial and two weeks of jury deliberation, a juror had conducted his own research on the internet and disclosed the existence of a previous conviction of one of the defendants to other jurors. The trial judge discharged the jury in respect of that defendant only and allowed verdicts to be deliberated upon in respect of all other defendants.
R v Rolle [2018] Privy Council
Advising on appeal against conviction and sentence for murder in the Bahamas.
R v XY - [2016] 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 the jurisdiction of the Court Martial. Jacob appeared in two interlocutory appeals before the Court Martial Appeal Court arising from the same case (R v PD [2016] EWCA Crim 1904]). The case raised issues of the compatibility of service prosecutions of civilians with Article 6 ECHR, however, following a successful interlocutory appeal on a bad character issue the SPS decided to offer no evidence.
R v AS [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.
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International Human Rights
Overview
Jacob regularly provides advice and representation to individuals and NGOs on issues involving human rights, national security, corruption and environmental abuses. Jacob is also instructed to advise on appeals to the Privy Council. He previously sat on the Executive Committee of the Bar Human Rights Council.
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 at the ICC of those involved in the Bush era torture program. In 2020 Jacob spent a week at Guantanamo Bay as an international observer at the trial of US v Mohammad et al (the 9/11 trial).
Jacob has also previously worked at the International Criminal Court (ICC) in The Hague for the senior legal advisor to President Song on issues of international criminal law and judicial review, particularly in the detention context. 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.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Looker v Spain [2020] ECHR Application No.51568/19
Jacob acts for Reprieve in its third-party intervention before the European Court of Human Rights regarding the issue of death penalty assurances relating to a British National whose extradition is sought by Thailand.
KK & ors v AML - (England & Wales High Court QBD)
Instructed by Leigh Day & Co, Jacob acted 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.
PSC v HP
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.
Advising a major NGO on human rights/pubic law issues surrounding the introduction of a register of beneficial ownership in the UK.
Successfully acting for the appellant in an appeal in Malawi in which death sentences were commuted to life (The Republic v Mkwinda & Tomasi)
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Prisoners’ Rights
Overview
Jacob has appeared in a large number of parole hearings and other prison related matters. He has particular experience of representing those who are serving sentences for terrorism related offences.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
IM - [2019] Parole
IPP parole case involving very substantial use of security information and admissibility arguments regarding counter terrorism policing assessments.
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.