Constance Marten and Mark Gordon #10

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Surely they’ll just be dotting the Is and crossing the Ts?! Do they get released if a retrial is necessary? I hate that after a guilty verdict they will get the time served back as the sentences available to the judge won’t be very long anyway. You just know he will demand compensation if they are found not guilty of the more serious charges
 
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Yes they would be free to go, unless there’s longer sentencing for the two they’ve been instructed to find guilty on
 
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Cost does not come into it, the judge decides if there will be a retrial in the interests of justice.
Why do you think there wouldn’t be?
I hope it doesn’t come to this though
 
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Cost does not come into it, the judge decides if there will be a retrial in the interests of justice.
Why do you think there wouldn’t be?
I hope it doesn’t come to this though
I don’t think there would be if this ends up hung. They aren’t an active danger to the public (Mark’s previous conviction being basically entirely irrelevant to this one and as far we know and anyone can judge he’s not reoffended that way) and there’s a fair chance even a retrial would end up hung.
 
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Cost does not come into it, the judge decides if there will be a retrial in the interests of justice.
Why do you think there wouldn’t be?
I hope it doesn’t come to this though
It’s the CPS who decides if there will be a retrial, not the judge.
 
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They are doing a retrial for Lucy Letby for the attempted murder of baby K even though she is already sentenced to 14 whole life orders and her permission to appeal has been refused (so no chance she’s getting out regardless of the verdict of this case). I wouldn’t rule out a retrial for these two if no verdict is reached because it’s such a serious charge and would be the difference between walking free and serving a long ish sentence.
 
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Cost does not come into it, the judge decides if there will be a retrial in the interests of justice.
Why do you think there wouldn’t be?
I hope it doesn’t come to this though
Yes sorry that was an additional thought, not really to do with being a factor - although I do think it will be in consideration.

With the pressure on the court system, the lack of decent experts, and the fact that there is (as far as we know) no ongoing or wider risk, how long the jury have deliberated I think it would be a stretch to get a retrial on this.

Not saying that’s what I think should happen. I think both are guilty and should be sentenced as so. They seem to have numerous problems and at least in prison them may have access to medical care while being kept apart to avoid (or just delay, unfortunately) another baby.
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Agree completely
 
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I really don’t think there will be a re-trial.

There is literally no way of ever knowing the truth. Even if they both told us the absolute truth now, we would never believe it.
 
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But surely there is a seriously high chance of reoffending I.e. hiding more children and/or fleeing the country?
 
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But surely there is a seriously high chance of reoffending I.e. hiding more children and/or fleeing the country?
Definitely.

But, unless they are sentenced for at least 15-20 years to ensure CM can no longer bear children this will happen anyway. There’s no way their sentence would be that long.
 
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So many people who genuinely need and want therapy are not able to access it. It frustrates me that this toxic pair should even be considered for therapy. A complete waste of time and resources in my opinion.
 
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If any custodial sentences are handed down to MG and CM, it will be based on established sentencing guidelines for those specific crimes.

Any sentence that bangs up a fertile woman until she passes menopause is purely coincidental, not by design.
 
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But surely there is a seriously high chance of reoffending I.e. hiding more children and/or fleeing the country?
They can try to ensure MG doesn’t flee the country through his ongoing SO reporting and also try to keep tabs on them that way but ultimately there’s nothing the state can do to stop them having more children. All they can hope is that SS and associated services (police, probation etc) keep a good enough eye on them that they can’t run like they did last time. There will be tons of parents out there that they’re really worried about having more children, it won’t be that unusual.
 
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I wonder if the CPS would decide it isn’t in the public interest to have a retrial as they are not a danger to the public at large?
 
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We have no way of knowing how many verdicts have already been delivered. They may only be stuck on one charge.

The jury have had that many breaks that they must need to keep recapping what everyone thinks. Hoping this ends on Monday and justice is served for Victoria.
 
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I've not contributed to this thread but have been a lurker, from what I can gather is this trial is more off than on.
 
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I’ve only just found this thread. But have been listening to the BBC sounds podcast.
How they can’t come to a verdict is beyond me!
 
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It's as if this trial is being fitted around other people's commitments.
 
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I personally don’t see the jury as in the wrong even if they have got plans that they need to uphold. The trial was supposed to end 14 weeks ago!

There has been so much in and out of court and legal submissions that have interrupted deliberations too. That’s not on the jurors.
 
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Yeah the “other people” with commitments during the scheduled trial time largely seem to have been the judge and counsel tbh. That combined with the legal submissions and the overrunning now means the jury commitments are starting to impact, but that’s the judge and counsels fault entirely.
 
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