GUILTY UK - Lindsay Birbeck, 47, teaching asst, found deceased, Accrington, 12 Aug 2019 *teen arrested* #5

  • #261
From This morning
 

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  • #262
My guess is that Justice Yip will go away to consider her decision and will not announce it until tomorrow morning, at the same time as sentencing. Stops the media printing stuff today, ahead of sentencing which might produce complaints from Defence.
 
  • #263
10:40
Hearing to start shortly
We are expecting the court hearing to start around 10.45am.

We will bring you live updates and the judge’s decision as soon as it is made.
 
  • #264
From Lancashire Telegraph

When the verdict was delivered, the defendant appeared via videolink from HMP Wetherby.


Mrs Justice Yip will pass sentence on Friday.


It is expected the youth will be brought to court for the hearing.

Plea to judge to name teenager who killed Lindsay Birbeck




I assume they mean for sentencing tomorrow not the hearing today. I would be surprised if he turns up.
 
  • #265
10:46
Judge looking through documents
We have been told Her Honour Mrs Justice Yip is still reading through some documents relating to the press application to lift the reporting restrictions.

Once she has finished she will enter the court room and the hearing can begin
 
  • #266
  • #267
I randomly googled Mrs Justice Yip yesterday, I don't know why, but looks far different to what i imagined.
 
  • #268
  • #269
I randomly googled Mrs Justice Yip yesterday, I don't know why, but looks far different to what i imagined.

I followed the case of Louise Porton ( murdered her two baby daughters ) and Mrs Justice Yip was the Judge. She seemed to keep the trial very much on track with timings and gave a decent sentence to LP.
 
  • #270
10:54
Hearing started
The Judge is now in court and the hearing has started.

Barrister Mark Stuart is representing the defence and David McLachlan QC is for the prosecution.
 
  • #271
Oh that's interesting - sending the Junior in.
 
  • #272
10:56
Defence letter
The judge has said she has read letter from the defence responding to the press application to lift reporting restrictions.
 
  • #273
Simon Driver was originally junior counsel for defence wasnt he? Looks like completely different barrister.
 
  • #274
11:00
'Open justice is a bedrock of the system'
Mark Stuart said: “We would seek the present section 45 order remains in force in terms of the name of him and his address. The defendant is 17 years of age.

“Open justice is a bedrock of the system. In principle there should be open justice.

“It’s recognised the role of the press and media is a vital role.

“This an offence of murder, a stranger murder which will always attract a considerable amount of public interest.

“The balancing exercise has to take place. The welfare of anyone under 18 has got to be taken into consideration.”
 
  • #275
Simon Driver was originally junior counsel for defence wasnt he? Looks like completely different barrister.

No he was the Prosecution Junior. Mark Stuart is Defence.
 
  • #276
I randomly googled Mrs Justice Yip yesterday, I don't know why, but looks far different to what i imagined.
I have just googled her and think she looks as if she would stand no nonsense.
 
  • #277
11:01
Defendant's difficulties
Mr Stuart said: “If [the defendant] was 17 years old and without the undoubted difficulties he has then it would be almost inconceivable we could persuade the court not for him to be named.

“But it is those difficulties that ought to pursuer the court on balance that the Section 45 order remains.”
 
  • #278
Of course, apologies, my confusion.
 
  • #279
11:08
Concerns about bullying after inmates finding out his identity
Mr Stuart said: “[The defendant’s] difficulties are particularly with verbal or the lack of verbal communication and the difficulties he will have within a prison setting.

“He is about to face now a significant custodial sentence. Not only is it a life sentence but a significant amount of time before his position could be considered by a parole board.

“He is in a young offenders institute and is a category A prisoner. There have been some difficulties.

“While some inmates may have some inkling what the position is., the concern is if he is named there is a significant prospect others would find out his name and that could cause him some difficulties.

Because of his lack of verbal skills he may find it difficult to speak to them and tell them what happened but more importantly tell them to back away.

He may find it difficult to verbalise to staff if he is bullied verbally or physically.”
 
  • #280
11:10
Defendant in 'rather fragile state'
Mr Stuart said: “There is certainly a potential that those in custody may feel a degree of revulsion about what he has done and may even verbally or physically abuse him.

“It maybe difficult for him to respond and report it to the appropriate authorities.

“He will be in a rather fragile state and the naming of him may cause those particular problems.”
 

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