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."

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".

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.

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.

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.

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.

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.

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.

Helena Wilkinson
Reporting from the Old Bailey

Prosecutor Tom Little KC has finished, and Gordon's barrister is up. She earlier requested some more time to prepare.

The judge says he will give her half an hour and then reconvene the court at 12:15.

With that, the court breaks.

I can see Marten and Gordon are trying to speak to each other in the dock. Two dock officers are separating them.

Helena Wilkinson
Reporting from the Old Bailey

Constance Marten's mother, Virginie de Selliers, is taking notes.

She is sitting in the courtroom with a view of the dock.

When she attended the first trial, I didn't see Marten look at her mother once.

Daniel Sandford
Reporting from the Old Bailey

Tom Little KC, for the prosecution, tells the judge that the lead offence is gross negligence manslaughter which has a maximum sentence of life.

He says that this is a category A offence, meaning it has the highest level of culpability. He says if the judge does not agree then it is "plainly" category B.

Little has submitted in the sentencing note in front of the judge that the starting point for the gross negligence manslaughter offence should be 12 years’ imprisonment, with a range of 10 to 18 years’ imprisonment.

Helena Wilkinson
Reporting from the Old Bailey

With court now under way, the prosecution has begun assisting the court with the sentencing exercise. That normally includes recommending what the prosecution thinks the most appropriate sentences are for Marten and Gordon.

The barrister for Marten will then have a chance to provide any mitigation on her behalf. Gordon's barrister will do the same.

After that Judge Mark Lucraft KC is likely to leave the courtroom for a short time before returning to pass sentence.

The judge will have taken into account all that he has heard in court and any documents he’s received from both sides.

Helena Wilkinson and Daniel Sandford
Reporting from the Old Bailey

Tom Little KC, for the prosecution, is now on his feet addressing the judge.

Marten and Gordon have stopped talking to each other and are listening.

Little reminds the judge that Gordon has a conviction from Carmarthenshire Magistrates’ Court for two counts of assaulting a constable and one of failing to comply with his sexual offender notification requirements.

Gordon was sentenced on 14 November 2017 to a total of 12 weeks’ imprisonment.

He and Marten had attended the hospital giving false names and identities as Marten was giving birth to their first child.

When police attended the hospital and questioned Gordon about his identity he again gave a false identity.

He then began to pace the room stating that he was confused. He refused to sit down and tried to leave.

When officers tried to stop him, he assaulted two female police officers. He was eventually brought under control after being PAVA sprayed, and with the help of a member of the public.

Claire Ellison and Daniel Sandford
Reporting at the Old Bailey

Gordon's barrister is asking Judge Mark Lucraft KC if she can have half an hour to further prepare.

He allows her some time, but says he is "not going to give much more time because Mr Gordon seems more interested in speaking to Ms Marten in the back of the court rather than listening."

The judge adds that he would like to hear from the prosecution before the hearing is adjourned for more legal advice.

As we mentioned a little earlier, Gordon previously said he'd had trouble finding representation.

Helena Wilkinson and Daniel Sandford
Reporting from the Old Bailey

Judge Lucraft has come into the court and taken his seat.

Marten and Gordon, who had been chatting, are asked to confirm their names.

The two defendants are sitting just three metres apart from each other in the large dock in the Old Bailey's Court 8.

Marten just put her hands together in the shape of a heart while looking at Gordon.

Helena Wilkinson
Reporting from the Old Bailey

Gordon wasn’t represented by any lawyers towards the end of his retrial earlier this year. He ended up representing himself.

Everything became hugely complicated as a result, leading to lengthy delays. We wondered if he would have a barrister at his sentencing hearing today and he does - Philippa McAtasney KC. But for some time he struggled to find one.

At a hearing in August Gordon told the judge that “potentially owing to the negative publicity of this case people are reluctant to take this case on.

“I am not up to the challenge of representing myself,” he said. “I am not competent to do this. It is too much pressure on me."

Daniel Sandford
Reporting from the Old Bailey

Constance Marten's mother Virginie de Selliers has taken a seat in the courtroom in front of the news media.

Helena Wilkinson
Reporting from the Old Bailey

Constance Marten has just entered the dock with two dock officers. She is wearing a black suit jacket and a blue scarf.

Moments later, Mark Gordon also walked into the dock.

The pair are chatting.

Daniel Sandford
Reporting from the Old Bailey

We understand around half a dozen jurors have returned to watch the sentencing of the defendants they convicted after the five-month trial.

Helena Wilkinson
Reporting from the Old Bailey

The issues raised by baby Victoria’s death are the focus of a national child safeguarding practice review which started in November 2023.

A panel spokesperson says it will consider "what happened to her [Victoria], together with evidence from other situations where children have been seriously harmed or died".

"The review aims to identify national learning to support public agencies in their work to safeguard children at risk of abuse and neglect," the spokesperson says, adding that findings will be published "in due course".