Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #2

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  • #261
I sincerely hope they have more than cctv footage of him coming and going!

Surely it more than just coming or going,, i wouldn't class that as significant cctv evidence,, its just mind boggling when you live where something like this has happened and took part in the searches and own searches, also not knowing if your safe,, so many questions,, have they got the right person,, one thing I can say it has shaken up the community and made people take note of there surroundings
 
  • #262
Surely it more than just coming or going,, i wouldn't class that as significant cctv evidence,, its just mind boggling when you live where something like this has happened and took part in the searches and own searches, also not knowing if your safe,, so many questions,, have they got the right person,, one thing I can say it has shaken up the community and made people take note of there surroundings
I pray they've got the right person. If not, this monster is still out there and will likely do this again.
 
  • #263
I pray they've got the right person. If not, this monster is still out there and will likely do this again.

I hope so to but that video that been posted doesn't look good that's the night of LB disappearance and looks like the exact same person as the cctv appeal off police with male pulling the bin
 
  • #264
  • #265
Some old outbuildings around that area too. But would she not have been found sooner?
 
  • #266
  • #267
Some old outbuildings around that area too. But would she not have been found sooner?

A witness was believed to have had a conversation with someone matching LB description at the top of peel Park avenue which made the police believe LB possibly went upto the coppice in the early days of the case, but later the times where changed and then police ruled this witness out
 
  • #268
You mean the same way as the courts named the boy today on the law pages website?

Two, or in this case three, wrongs don't make a right!
 
  • #269
Back on topic. At the next hearing, the suspect will make a plea, correct? Is any evidence given or is it just a simple declaration of guilty or not guilty?
 
  • #270
Back on topic. At the next hearing, the suspect will make a plea, correct? Is any evidence given or is it just a simple declaration of guilty or not guilty?
Declaration. If not guilty then the trial will happen which is when evidence is pulled out. Guilty - straight to sentencing.

I guess we could be looking at a plea deal - guilty for a lighter sentence - only really likely if they're concerned about securing a conviction. Or perhaps a guilty but pleading insanity.

Of course he could be advised to plea guilty and not do it, it's his choice.

I'm not sure I could second guess which way he's going to go.
 
  • #271
Declaration. If not guilty then the trial will happen which is when evidence is pulled out. Guilty - straight to sentencing.

I guess we could be looking at a plea deal - guilty for a lighter sentence - only really likely if they're concerned about securing a conviction. Or perhaps a guilty but pleading insanity.

Of course he could be advised to plea guilty and not do it, it's his choice.

I'm not sure I could second guess which way he's going to go.
Thank you. So, if he pleads guilty we may never find out what actually happened? Could the press get hold of the evidence once he's sentenced? I really want to know what happened here.
 
  • #272
Thank you. So, if he pleads guilty we may never find out what actually happened? Could the press get hold of the evidence once he's sentenced? I really want to know what happened here.

We should get the sentencing remarks which can provide a fair amount of detail - plus we may get coverage of the court hearing, where Pros and Defence will make statements to the Judge, which he will then take into consideration before passing sentence.

Only proviso though is his age, so some reporting may be restricted
 
  • #273
We should get the sentencing remarks which can provide a fair amount of detail - plus we may get coverage of the court hearing, where Pros and Defence will make statements to the Judge, which he will then take into consideration before passing sentence.

Only proviso though is his age, so some reporting may be restricted


What would they restrict because of his age? Bar name? - Which I think will definitely be lifted after trial especially after Law Pages mishap!
 
  • #274
ALL discussion related to a random youtube video has been removed. The video was not from an approved source.

Please do not continue to discuss it.

Thanks.
 
  • #275
Thank you. So, if he pleads guilty we may never find out what actually happened? Could the press get hold of the evidence once he's sentenced? I really want to know what happened here.

Me too!

He would have to make a sworn statement outlining what he had done wouldn't he? would that be made public.

The thought of a plea bargin for a lesser sentence quite frankly scares the hell out of me. Assuming he is quilty he could still be quite young on release.
 
  • #276
The thought of a plea bargin for a lesser sentence quite frankly scares the hell out of me. Assuming he is quilty he could still be quite young on release.
I agree. It's a shame he is under 18. If found guilty I really don't like the idea that this guy will ever be released.
 
  • #277
I agree. It's a shame he is under 18. If found guilty I really don't like the idea that this guy will ever be released.
I agree. If guilty, the rest of us are not safe with this man walking the streets. I'm still finding this situation shocking.
 
  • #278
Not only that, given the...circumstances.. i find it hard to believe that he acted alone and if so, there are potentially others walking the streets.
 
  • #279
I agree. If guilty, the rest of us are not safe with this man walking the streets. I'm still finding this situation shocking.

It is. I wonder if he had assaulted females in the past? Or attempted to.
 
  • #280
Does anyone know if the defence counsel I.e. the lawyer for the suspect would have been presented with the evidence yet?

Reckon they may consider changing the plea once they review.

Think the 96hour delay would have been to get the DNA results /process CCTV evidence.
During the period of detention of the suspect and whilst the police investigation team Are building up the evidence to support the view that the youth named in court records is the correct suspect , there will have been a number of interviews with the suspect. Prior to those interviews, the Police are required by law, to disclose any facts that are material to the case to enable the suspect to give their own account to refute or otherwise the evidence gleaned . As more evidence is gained whilst the suspect is in initial custody at the police station, this must be disclosed to his solicitor as per PACE and CPS disclosure rules .
When this disclosure mandate was introduced in the mid 1990’s us detectives were up in arms because we felt that by giving disclosure of all the available evidence in advance of any interviews with the suspect, you were in fact giving them a chance to start building their story to answer what we, the Police , knew.
However, over time and the introduction of the new police caution which a part of reads “you do not have to say anything...”
“BUT it may harm your defence If you do not mention when questioned, something which you may later rely on in court “ and then once the suspect is charged ( indicted for our friends across the pond ) , in reply to any charges laid, the caution changes to ..
“You do not have to say anything BUT it will harm your defence if you fail to mention NOW anything which you later choose to rely on in court “.
So basically that means if you have said no comment during the interviews or you give an account based on the disclosure of evidence given to your solicitor by the police during your interviews and you later change that account once you have had time to go away with your solicitor and construct a more reasonable account and explanation to fit the initially disclosed evidence, then at crown court, a jury can make an inference as to why you did that and that inference could be that you are making it up only when presented with the disclosure and just to answer the evidence and therefore you are guilty So the inference made is allowed to be and can be one of guilt .
Hope that explains it without too much police jargon and difficulties.

Also , as the case progresses and leads up to the crown court trial , any new evidence found MUST be disclosed in advance of the trial by the prosecution to the defence .
It’s also incumbent now that the defence serve a notice to the prosecution as to what their defence is going to be or what facts are going to be relied upon. However, this is hit and miss and even when complied with, often the details contained within are so sparse that they really don’t tell the prosecution anything.
  • All is geared towards and for the defendants / suspects/ perpetrators in this country UK as opposed to being geared towards the victims or being of equal split . Can be so very frustrating...
 
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