Director of Public Prosecutions v Jacobs (a pseudonym); (Application for trial by judge alone) (No. 1)

The case of Director of Public Prosecutions v Jacobs (a pseudonym); (Application for trial by judge alone) (No. 1) presented before the court a request from the Director of Public Prosecutions to allow the defendant, Jacobs, to be tried by a judge alone rather than by a jury. The application was made under the emergency provisions enacted in response to the COVID-19 pandemic. The prosecution did not oppose the application. The central issue before the court was whether it was in the interests of justice to grant the application, considering the significant delays experienced due to the pandemic, the need for the administration of justice to continue, and the specific circumstances of the case.

The court considered the factors relevant to the application, including the substantial delay in the proceedings due to the pandemic, the necessity for the administration of justice to proceed despite the challenges posed by COVID-19, and the specific circumstances of the case. The court noted that the complainant's credibility was a crucial issue at trial, and the application of objective community standards would likely be influenced by the mode of trial. Additionally, the court recognised that a trial by judge alone could avoid the forensic disadvantage for the defence that would likely result from a re-trial.

After considering the arguments and the relevant factors, the court decided that it was in the interests of justice to grant the application for trial by judge alone. The court emphasised the importance of continuing the administration of justice and the need to mitigate the delays caused by the pandemic. The court concluded that the objective community standards would be better served by a trial before a judge alone, given the specific circumstances of the case and the potential forensic disadvantage for the defence in a re-trial. The application was accordingly granted, and the trial proceeded before a judge alone.