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Jacob provides advice and representation in the areas of criminal, public and international law. Jacob’s practice includes criminal defence, financial crime, extradition, national security and related public law matters.

Jacob also appears in inquests and 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

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 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 led junior or junior alone in a wide range of matters relating to financial crime. These have included duty evasion, banking fraud, VAT fraud, as well as forfeiture, confiscation and search and seizure. Jacob regularly provides advice to individuals and organisations and has delivered training to solicitors on issues such as warrants and Unexplained Wealth Orders. 

Notable Cases

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 led junior for the first defendant in a large scale HMRC prosecution for VAT and duty evasion. The case collapsed following the discovery of significant non-disclosure by the Crown and abuse of process argument on behalf of the defendants.

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

Extinction Rebellion [2019] Blackfriars Crown Court
Jacob is instructed to represent defendants in Crown Court proceedings arising from the April 2019 protests in central London.

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 2 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 appellant practice continues to grow and he is regularly instructed to advise upon appeals on a range of matters relating to both conviction and sentences. Jacob is also instructed in Privy Council appeals and advises on applications to the Supreme Court.

Notable Cases

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 currently sits 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.

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

R (El Gizouli) v Secretary of State for the Home Department [2019] (England and Wales High Court) Ongoing
Instructed by Leigh Day & Co, Jacob acts 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 is led by Mark Summers QC (Matrix).

KK & ors v AML - (England & Wales High Court QBD) Ongoing
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

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.

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Background

In 2012-2013 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 at renowned 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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Education

  • BA Politics (First Class Honours): University of Manchester
  • GDL: City University
  • BVC (Very Competent): City Law School

Professional Membership

  • Administrative Law Bar Association (ALBA)
  • Criminal Bar Association (CBA)
  • Young Fraud Lawyers Association
  • INQUEST Lawyers Group
  • Bar Human Rights Council (BHRC)
  • British Institute of International and Comparative Law (BIICL)
  • Young Fraud Lawyers Association

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