Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4

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Lancashire Telegraph are also running a live blog



9:07am
Good morning, and welcome to our live blog on Monday August 3.
We have a reporter in court this morning and we will be bringing you live updates as the Lindsay Birbeck
murder retrial is set to commence at 10.30am.

10:30am
There a few delays to procedures this morning as social distancing measures in place at the court have meant passing through security is a lot slower than it was before the coronavirus crisis began


10:32am
The trial proceedings will take place across three court rooms.

The jury will be in court 10, along with the judge Amanda Justice Yip, and the defence and prosecution counsel.

The press are in a separate courtroom, as are the public, including the defendant's family and the family of Lindsay Birbeck.


10:32am
The jury is expected to be sworn in this morning, with the prosecution opening the case this afternoon



Live updates from court as Lindsay Birbeck murder re-trial begins
 
Trial is about to begin

The trial will begin in a few moments.

The court clerk has just told everyone the Judge is on her way




Administrative matters

Defence barrister Mark Fenhalls QC said there will be some administrative matters to deal with first before further progress can be made.


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
11:26am
The defendant is due in the dock at 12pm where he will be arraigned (called before the judge, informed of the charges, and asked to enter a plea of not guilty or guilty).


11:28am
The court has now been adjourned until 12pm, when the jury will return with their completed questionnaires and then sworn in.



Live updates from court as Lindsay Birbeck murder re-trial begins
 
Niner said:
Monday, August 3rd:
*Re-Trial set to begin (@ 10:30am UK) – UK – Lindsay Birbeck (47) (from Huncoat; last seen ~ 2:30pm on Aug. 12, 2019 & walking towards Accrington on Burnley Road @ 4:06pm on CCTV; found Aug. 24, 2019 in the area of Accrington Cemetery on Burnley Road) - *16/now 17 year old arrested (8/27/19) on suspicion of murder & charged (8/31/19) with murder. Plead not guilty. Remanded to custody.
First Trial began on 2/25/20 with jury selection. Trial started on 2/26 with opening statements. Trial expected to last to 3/13 at the Preston Crown Court. Mrs. Justice Amanda Yip will be presiding judge. Jury: 11 women & 1 man. Trial was suspended on 3/10/20 due to COVID-19. The Judge has told the jury that the defendant has a moderate learning disability & suffers with ADHD & autism & finds communication more difficult than other people of similar age.
Re-Trial set to begin on 8/3/20 (should last 2 weeks).
6/1/20 Update: Trial has been cancelled due to COVID-19. Instead a “mention & fix” hearing will be held on 6/15/20. 6/15/20 Update: Defendant appeared via video link. Decided on trial date of 8/3/20 & should last about 2 weeks & will held at the Preston Crown Court. Next pretrial review hearing on 7/21/20.
7/21/20 Update: On Tuesday, Mrs Amanda Justice Yip along with defence and prosecution counsels, told Preston Crown Court how the re-trial into the murder of Lindsay Birbeck would run. The hearing will be split across three courtrooms to safely accommodate all those who will be attending, and allowing the defendant to appear in court via videolink. They will be connected by a live link to a third courtroom, which will seat the jury, judge, prosecution and defence barristers, and be used for witness evidence, to ensure social distancing guidelines are adhered to. Mrs Justice Yip said it would be beneficial for the teenager to be present on the first day of the trial and observe the remainder from HMP Wetherby. She said: “This would then be reviewed and if he wants he can come to court and if he understands everything he can stay at Wetherby. The re-trial, beginning on August 3, is expected to last for two weeks.
Click to expand...
Thank you very much Niner
 
12:08
Trial resuming
The Judge has entered court 10 and the trial is now resuming.

The intermediary for the defendant has just been sworn.

The defendant is about to be brought into the dock.


Defendant in the dock
The defendant is now in the dock and is wearing dark trousers, a white shirt and a waist coat




Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
Jury selection
The Judge is now discussing the arrangements for selecting the 12 jurors.

Her Honour Mrs Justice Yip said she sill needs to read the submitted questionnaires from the 27 on the panel.

Once that has happened the 12 will be chosen.

They will need to be brought into the court room in stages to be sworn in due to social distancing.


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
Short adjournment
The Judge has just risen for about 10 minutes while the arrangements are made to bring the first jurors into court.

They hope to be able to swear the jury in before the lunch break at 1pm.
 
The jury is now going to be selected.

After reading the questionnaires there are now a pool of 22 people from which 12 can be selected.

The first phase of 11 potential jurors will be entering the courtroom soon and six people will be chosen to stand on the jury.

The second phase of 11 potential jurors will then enter the courtroom and the final six members of the jury will be chosen from this pool.

The final 12 jurors are expected to be officially sworn in after lunch

Mrs Justice Yip is now addressing the first pool of 12 jurors: "I am hoping that the time we have taken this morning will speed things up as we get going.

"You are part of a pool from which a jury will be selected to try this case.

"Not all of you will be needed."


12:54pm

The first six jurors are now being selected


12:56pm
The first six jurors have been selected - they are all women.

The second six jurors will be selected after lunch.



Live updates from court as Lindsay Birbeck murder re-trial begins
 
12:53
Judge's apology and jury reassurance
The Judge has apologised to the first group of 11 potential jurors for the delay in coming into court.

She said this is due to the social distancing rules but hopes things will speed up.

Her Honour Mrs Justice Yip has also moved to reassure them of the safety measures in place during the course of the trial.


She said:

A great deal of thought has gone into making things safe for jurors.”

12:56
Court room cleaning
The Judge said between each group of six jurors being selected, and then all coming back into court 10 to be sworn, the court room will need to be cleaned.

The first six jurors have now been selected and the second six will be selected after lunch



Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
14:09
Jury chosen
The 12 jurors have now been chosen after a random ballot.

The trial will be heard by 9 women and 3 men.

14:12
Court room being cleaned
Before the 12 jurors can come back to be sworn there is a five minute break for the court room to be cleaned.

14:14
Timetable for the afternoon
The judge has spoken to legal counsel about the timetable for this afternoon.

Once the jury are sworn she expects to take around 30 minutes for her introductory remarks and warnings.

Prosecutor Mr McLachlan QC said his prosecution opening would take at least one hour to go through.

The Judge said she hopes to begin the opening of the case this afternoon.



14:26
Jury now being sworn in
All 12 jurors are now in court and are being sworn in.



Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
2:30pm
The jury has now been sworn in and have been informed of two charges the teenager faces.

These are as follows:

Count one - murder

Count two - manslaughter

The defendant has pleaded not guilty to both of these charges.


2:32pm
The manslaughter charge has been added to the indictment for the retrial.


2:45pm
The jury are being told that the defendant is a 17-year-old boy who has autism and therefore requires a number of special measurements to ensure he is tried fairly and justly - this includes having an intermediary present in court with him who will explain what is happening throughout the trial, and also being permitted to appear via videolink from HMP Wetherby.



Live updates from court as Lindsay Birbeck murder re-trial begins
 
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