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

[jamjim]

14:21
Evidence will come in different forms
Her Honour Mrs Justice Yip told the jury: “Tomorrow you will hear the prosecution open the case to you and after that you will begin hearing the evidence.

“The evidence will come in different forms. Some will be agreed and reduced in writing and others will come into the witness box.”

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

14:25
Jury told to not discuss the case
The Judge said: ““You the jury are responsible for finding the facts of the case.

“The oath or the affirmation you have take was a solemn undertaking to reach a true verdict according to the evidence.

“You will assess the witnesses and assess what is truthful and reliable.

“You must not discuss the case outside the jury. You are not allowed to talk about it to anyone other than your fellow jurors.

“That applies to any messaging or social media. You must not invite anyone to give any opinions on the case at all.”

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

14:27

'Don't do your own research'

The Judge has also warned the jury to not read any media reports about the trial or do their own research into the case.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Sally4x]

Will having learning difficulties affect his responsibility for the crime if he is found guilty? In that will he understand the crime he has done?

 

[jamjim]

14:38
Jury sent home
The jury have been sent home for the day and told the trial will resume at 10.30am tomorrow morning.

They have also been given a sheet of paper summarising the judge’s guidance and warnings.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

14:45

Trial resumes tomorrow

The Judge has adjourned the trial to tomorrow morning.

Thank you for following our live updates from court.

We will bring you the prosecution opening from 10.30am.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[LucyRocket]

Will having learning difficulties affect his responsibility for the crime if he is found guilty? In that will he understand the crime he has done?

Just last year they issued new guidance on this for judges when sentencing. Although I don't see that it differs greatly from previous procedure. Wherever there has been additional considerations such as previous offending, mental health, or previous interventions attempted, the judge always considers reports on these factors when sentencing. The only difference I can see is that the questions the judge has to consider are more prescriptive; was the person aware they had a learning difficulty? Had the person sought help for their learning difficulty and that help had not been forthcoming?

He's already been assigned an appropriate adult to support him with his understanding through the trial, so they are clearly acknowledging they need to make adjustments in order for him to be treated with equality

 

[LucyRocket]

And of course, he must have already been assessed as being fit to plead, and go to trial.

 

[Mommysleuth11]

I seem to remember possibly Autism being mentioned.

was the person aware they had a learning difficulty? Had the person sought help for their learning difficulty and that help had not been forthcoming?

He's already been assigned an appropriate adult to support him with his understanding through the trial, so they are clearly acknowledging they need to make adjustments in order for him to be treated with equality

A learning disability is a lifelong disability. People with learning disabilities can be supported and indeed learn but they will always have a learning disability. What if any role this may have played in any offending would be up to the judge to decide. I understand the questions you asked where by example but i feel its shows a misunderstanding of what a learning disability is. I wouldnt think one could be chastised for not recognising or seekimg support for this, how could they know? Surely its just their normal and is for someone else to recognise the disabilty?

 

[Alyce]

Will having learning difficulties affect his responsibility for the crime if he is found guilty? In that will he understand the crime he has done?

I don't think it should. He is pleading not guilty and I am taking that to mean he is going to say ( or has already said ) that he had nothing to do with the murder.
If he is going to make a case for having learning difficulties which have caused him to not understand what he did or what happened as a result of his actions - then I would have expected his counsel to have lodged a plea of diminished responsibility by now.
However, if he is found guilty, I expect there will be some kind of recommendation for medical assessment before deciding where he should be housed, rather than him being sent directly to prison ( or youth offender facility ).

All MOO of course and no doubt we will find out when Prosecution starts tomorrow.

 

[LucyRocket]

I seem to remember possibly Autism being mentioned.



A learning disability is a lifelong disability. People with learning disabilities can be supported and indeed learn but they will always have a learning disability. What if any role this may have played in any offending would be up to the judge to decide. I understand the questions you asked where by example but i feel its shows a misunderstanding of what a learning disability is. I wouldnt think one could be chastised for not recognising or seekimg support for this, how could they know? Surely its just their normal and is for someone else to recognise the disabilty?

I don't think it's a case of the guidance being there for the person to be chastised for having a negative to any of those answers, more so to ascertain whether they were being provided with the appropriate guidance and support necessary for them to understand how to function in society. So quite the opposite. Negative answers would go in their favour

 

[Rosegold68]

learning difficulty? well, we all know what that means! this case is sickening and i dont think i can even stomach hearing all the detail

 

[Mommysleuth11]

learning difficulty? well, we all know what that means! this case is sickening and i dont think i can even stomach hearing all the detail

'Moderate learning DISABILITIES' not difficulties, disabilty. Moderate suggests it has some significant if not substantial impact on their cognitive function.

 

[Kaykedi]

I don't think it should. He is pleading not guilty and I am taking that to mean he is going to say ( or has already said ) that he had nothing to do with the murder.
If he is going to make a case for having learning difficulties which have caused him to not understand what he did or what happened as a result of his actions - then I would have expected his counsel to have lodged a plea of diminished responsibility by now.
However, if he is found guilty, I expect there will be some kind of recommendation for medical assessment before deciding where he should be housed, rather than him being sent directly to prison ( or youth offender facility ).

All MOO of course and no doubt we will find out when Prosecution starts tomorrow.

Excellent post Alyce

 

[Kaykedi]

Prosecution - I think this is him, even though the spelling is slightly different McLachlan

From state school to Queen's Counsel - Liverpool criminal lawyer 'takes silk'

Really enjoyed reading David McLachlan's interview

 

[Niner]

Wednesday, February 26th:
*Trial continues (Day 1) (@ 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 & on charged (8/31/19) with murder. Plead not guilty. Remanded to custody.
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. No court on 3/6/20. Jury: 11 women & 1 man.
2/25/20 Update: Jury Selection: Her Honour Amanda Justice Yip is the trial judge with David McLachlan QC & Simon Driver representing the prosecution. Defending the teenager are Mark Fenhalls QC & his junior Mark Stuart. The court is currently in 'chambers' meaning only members of the prosecution & defence as well as the judge are allowed to enter. A panel of around 50 potential jurors. Out of these 50, 12 people will be randomly selected to serve as members of the jury. The prosecution read out a list of more than 50 witnesses to the panel. They will be asked to fill in a jury questionnaire before 12 members are randomly selected. The Judge said once the questionnaires are completed she will consider the responses and bring a smaller jury panel back into court. The final 12 jurors will then be selected. The Judge said she is looking to reduce the number of potential jurors from around 40 to 20 before they will be brought back into court. The prosecution is expected to open the case later this afternoon. Court broke for lunch & will be back about 2:15pm UK time. The Judge has said 18 potential jurors have been selected after completing the earlier questionnaire. Eleven women and one man have been chosen to sit on the jury. They have all been sworn in. The Judge has told the jury that the prosecution case will be opened at 10.30am tomorrow morning, 2/26. The trial could last up to three weeks & is expected to be finished by Friday, March 13. Yip said the trial will definitely not sit on Friday, March 6, and there could be other days.

 

[jamjim]

10:09
Prosecution opening case at 10.30am

The trial will resume at 10.30am when prosecutor David McLachlan QC will outline the Crown’s case to the jury.

This could take up to about two hours.

The first witnesses are then expected to give evidence this afternoon.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

10:39
Ready to start
The prosecution and defence counsel are in court and the defendant is in the dock wearing grey trousers, a white shirt and a waistcoat.

The judge has just entered court and is accompanied by the High Sheriff of Lancashire.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

10:47
Housekeeping matters

The Judge is hearing housekeeping matters before the jury is called into court.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

10:50
Jury now in court

The jury have now been led into the court room and have taken their seats.

The Judge has apologised to them for the delayed start.

Lindsay Birbeck murder trial at Preston Crown Court - updates