Summary

  • Constance Marten and Mark Gordon are in court to be sentenced for gross negligence manslaughter over their baby Victoria's death - here's what to expect

  • After spotting Marten and Gordon passing notes, the judge tells them it "shows a complete lack of respect"

  • The judge is being much freer of his criticism of the defendants behaviour in court today, writes our correspondent

  • Victoria was found dead in a shopping bag in Brighton in 2023 after the pair spent two months on the run - pathologists are still not sure exactly how she died

  • An earlier trial found Marten, 38, and Gordon, 51, guilty of concealing the birth of a child, perverting the course of justice and child cruelty

  • From being on the run to convicted criminals - see the timeline

  • Warning: This page may contain distressing details

  1. Baby's death 'weighs heavily on her conscience' - Marten's lawyerpublished at 14:13 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Constance Marten's barrister Tom Godfrey says "the sorrow that Constance Marten feels is impalpable".

    "She has, ever since an early stage, accepted that her baby died as a result of something she did. That fact weighs very heavily on her conscience and will do so for the rest of her life".

    Godfrey argues that Marten is suffering from C-PTSD (Complex Post-Traumatic Stress Disorder).

  2. More commotion as Marten and Gordon return to the dockpublished at 14:05 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Marten and Gordon are in the dock, and there's been more commotion. Marten tried to pass another note to Gordon and the dock officer snatched it back, suggesting she wasn’t allowed to.

  3. Court resumes after lunchpublished at 14:03 BST

    Court is back in session.

    As a reminder, Constance Marten and Mark Gordon are due to be sentenced today after being convicted of gross negligence manslaughter. They will also be sentenced for other offences including child cruelty.

    Our correspondents are in court poised to bring you the latest - once the sentencing itself begins you'll also be able to follow along yourself by clicking Watch live at the top of the page.

  4. What have we heard in court so far?published at 13:41 BST

    The court at the Old Bailey has adjourned until 14:00. If you're just joining us, here's the latest:

    Disruption in the dock

    Constance Marten and Mark Gordon have been passing notes, distracting the judge and leading him to tell them it "shows a complete lack of respect".

    Despite threatening to continue without the defendants present, he was distracted a second time. The judge is being much freer of his criticism of the pair today, as he doesn't have to worry about influencing the jury now, writes Daniel Sandford.

    From Mark Gordon's new barrister Philippa McAtasney KC

    • The judge should decide that baby Victoria did not die of hypothermia, but because Constance Marten fell asleep on her, McAtasney said
    • She submitted that this was not a category A (highest level of culpability) case of gross negligence manslaughter

    From Constance Marten's barrister Tom Godfrey

    • He pointed out a lack of pathological evidence for the baby dying from hypothermia, instead submitting that the judge should sentence Marten on the basis of smothering
    • Godfrey says it was not a "very serious example" of gross negligence manslaughter

    On their characters

    • In a letter provided by Marten's mother to the court, she described her daughter growing up as "inquisitive" and "adventurous"
    • Gordon's barrister mentioned reports where he said their whole lives were affected by the children being taken away, and they were suffering from trauma

  5. Commotion in the dock as Marten tries to pass notes to Gordonpublished at 13:33 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Once the judge left the court there was a commotion in the dock.

    Marten tried to hand Gordon a piece of paper and the dock officer took it from her.

    "Don't snatch it off me, are you alright?" Marten said crossly to the dock officer.

  6. Court hears letter from Marten's motherpublished at 13:20 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    In a letter provided by Marten's mother to the court, she describes her daughter growing up as "inquisitive" and "adventurous".

    She says her daughter was "bright" with a "feisty spirit".

    "At school she was loyal to her friends", Marten's mother says, adding that "alongside her strength she also carried her fragility" and at times "struggled with confidence and self worth".

    Marten's mother adds that she "was horrified by the way the court and newspapers portrayed her".

    As Tom Godfrey reads out Marten's mother's letter to court, Marten shows no reaction from the dock and doesn't look over to her mother who is sitting in the well of court.

    The hearing has now been adjourned for a lunch break and will be back at 14:00.

  7. Marten's defence reads letters in supportpublished at 13:19 BST

    Helena Wilkinson and Claire Ellison
    Reporting from the Old Bailey

    Tom Godfrey is now reading out letters in support of Marten.

    One is written by someone who first met Marten as a teenager in Uganda where she was volunteering.

    The friend described Marten as "someone who acts with integrity and kindness towards others".

    A former family housekeeper Cecilia Dubuyer, writes that she remembers Marten as as a "sweet thoughtful young woman" with a "kind heart".

  8. Judge 'distracted' by Marten a second timepublished at 13:08 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Godfrey, continuing to speak about the death of baby Victoria, says "we accept the court is likely to find that Ms Marten had ignored earlier warnings".

    But, he says the warnings do not show that she had a blatant disregard for a very high risk of death of Victoria.

    But Godfrey is stopped by the judge, who has spotted disruption in the dock again. He asks Marten what it is about his warning that she does not understand.

    Marten speaks from the dock and says that a dock officer is not allowing her to make notes.

    The judge says: "You are entitled to a pen... it's very distracting when I am trying to listen to what you are saying on behalf of Miss Marten," directed to Godfrey.

  9. No need for judge to hold back on criticism todaypublished at 13:02 BST

    Daniel Sandford
    Reporting from the Old Bailey

    The judge is being much freer of his criticism of the defendants behaviour in court today, as he does not have to worry about influencing the jury now.

  10. Judge tells defendants off for exchanging notespublished at 13:02 BST

    Helena Wilkinson and Claire Ellison
    Reporting from the Old Bailey

    The judge has just told off Constance Marten and Mark Gordon for passing notes.

    He tells them it "shows a complete lack of respect", not just to him, but also to Marten's barrister who is making submissions on her behalf.

    He threatens to continue without the defendants present if the note-sharing carries on.

  11. Baby Victoria's case not 'serious example' of gross negligence manslaughter, Marten's defence sayspublished at 12:59 BST

    Daniel Sandford
    Reporting from the Old Bailey

    Tom Godfrey, representing Marten, says he agrees that gross negligence manslaughter is the "lead offence", and that the other sentences should be "concurrent".

    That means they should be served at the same time.

    He says there shouldn't be further uplift on the sentence due to the other offences.

    "We say this was not a very serious example" of gross negligence manslaughter, Godfrey tells the court.

  12. Marten's defence asks judge to base sentence on smothering deathpublished at 12:50 BST

    Helena Wilkinson and Daniel Sandford
    Reporting from the Old Bailey

    Marten's barrister asks the judge to accept the account given in evidence by Marten about Victoria's death and points out the lack of pathological evidence for the baby dying from hypothermia.

    As a reminder, Marten has maintained that she fell asleep on the baby in the tent they were living in and woke to find that Victoria had died. Marten and Gordon said it was a tragic accident.

    Godfrey submits that the judge should sentence Marten on the basis of smothering.

  13. Marten's defence asks judge to 'pause' before deciding cause of deathpublished at 12:43 BST

    Daniel Sandford
    Reporting from the Old Bailey

    Mark Gordon's barrister has wrapped up and we are now hearing from Constance Marten's barrister Tom Godfrey KC.

    He is is the only survivor of her legal team that started her first trial. He managed to remain employed throughout both trials, while two KCs were sacked.

    Godfrey argues that the judge should "pause" before concluding that baby Victoria died of hypothermia, suggesting there is "doubt".

    "My Lord cannot conclude to that criminal standard that Victoria died of hypothermia," he says.

    "My Lord should accept the account given by Constance Marten so far as when the baby died and the mechanics of it."

  14. Children being removed was 'traumatic', Gordon's defence sayspublished at 12:41 BST

    Helena Wilkinson and Daniel Sandford
    Reporting from the Old Bailey

    Gordon's barrister mentions reports where he said their whole lives were affected by the children being taken away, and they were suffering from trauma.

    It's "quite apparent from speaking with Mark Gordon that when his children were removed from him and his wife that caused a great deal of upset and anxiety and it was traumatic," Philippa McAtasney KC says.

    As a reminder, Victoria was the couple's fifth child. Their four other children were taken into care.

    Gordon's barrister says he accepts the offences he has been convicted of, and that poor decisions were made that he very much regrets.

    "I am always the bad guy," Gordon says through his barrister.

    She adds that he said: "I regret that things happened the way they happened" and that he will "live with this for the remainder of his life".

  15. Issue of whether Mark Gordon is dangerous addressedpublished at 12:34 BST

    Helena Wilkinson and Daniel Sandford
    Reporting from the Old Bailey

    Gordon's barrister, Philippa McAtasney KC, goes on to address the issue of whether her client is dangerous, given his criminal history in the US.

    "In our submission... whether there is a significant risk to the members of the public... that question should firmly decide in his favour," she says.

    "The offence in the United States happened when he was a child, and he served 20 years in prison".

    McAtasney quotes from a report that says Gordon effectively grew up in prison.

  16. Defence argues that baby Victoria did not die of hypothermiapublished at 12:28 BST

    Helena Wilkinson and Daniel Sandford
    Reporting from the Old Bailey

    We are now hearing from Philippa McAtasney KC, Mark Gordon's new barrister, who was only appointed last week.

    She says it is their submission that there is, at the very least, doubt in relation to the issue of hypothermia.

    McAtasney says the judge should decide baby Victoria did not die of hypothermia, but rather died because Constance Marten fell asleep on her.

    She submitted that this was not a category A (highest level of culpability) case of gross negligence manslaughter.

  17. Postpublished at 12:18 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Marten is leaning forward in her chair and chatting to Gordon. They are separated by a dock officer.

    The judge is back and the hearing resumes.

  18. Marten and Gordon back in the dock as court resumespublished at 12:15 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Court is set to resume shortly, with Constance Marten and Mark Gordon now back in the dock.

    Gordon's sister, Karen Satchell, is watching on from the public gallery, while Marten's mother Virginie de Selliers has taken a seat in front of the media.

  19. Help and support available at BBC Action Linepublished at 12:07 BST

    A warning to our readers and viewers, some of the details in this case are distressing, and may again be raised during their sentencing.

    If you have been affected by these issues, help and support is available via the BBC Action Line.

  20. Prosecution summarises Gordon's US convictionspublished at 11:57 BST

    Daniel Sandford
    Reporting from the Old Bailey

    Before the court went on break, the prosecution's Tom Little KC had been summarising the offences that Mark Gordon was convicted of in the United States.

    The first was for armed kidnapping, armed sexual battery and armed burglary, relating to an incident on 29 April 1989, when he was 14 years old.

    The BBC interviewed the woman he was convicted of raping, who described Gordon as a "dangerous "psychopath" who should have been locked up for life".

    The second was for armed burglary and aggravated battery, relating to events the next month on 21 May 1989, when he was still 14.

    Gordon was convicted of those offences in 1994 and sentenced to 40 years’ imprisonment. He was deported to the UK prior to serving the full sentence.