The defence and the prosecution would both mount their respective cases and place information on the record of the courts to make their determination. The court is bound to make a determination on the basis of both case law and the information that's been placed before it by both the defendant and the plaintiff. It would be up to the two parties to ensure that the court is furnished with sufficient information.
Unlike the Privacy Commissioner, who has a compulsion power that allows them to fulfill the record with what they need, the court would be limited to that which is actually before it, which means that because there is no investigation, it would be a slower process, because essentially the parties are having to furnish the court with all of the recommended information, and one of them does not necessarily have compulsion powers to be able to force that evidence to be put before the court.