ICB v Hindley [2024] EWCOP 79 (T2)

Application by the defendant for adjournment of a sentencing hearing for contempt of court and consideration of whether to sentence in her absence.

The proceedings have a long procedural history and, in essence, relate to Sophia Hindley's behaviour towards the staff caring for her daughter JH. The behaviour eventually led to contempt of court proceedings following repeated breaches of orders made to protect the best interests of her daughter JH. Just before this hearing, the defendant sought an adjournment citing ill health and problems with her legal representation (one of several such applications made during the course of proceedings).

After reviewing the procedural history in detail, and cataloguing the defendant's behaviour, HHJ Richardson finds at [49] that the defendant " is not meaningfully engaged with the court and has no intention of meaningfully engaging with the court" and so refuses the adjournment. After further submissions, she then decides to proceed with sentencing but with the safeguard that the sentence may be set aside if medical evidence of the defendant's illness is received by a deadline. The judge then passes a sentence of 168 days but the arrest warrant is not to be issued until the deadline for receipt of any medical evidence has passed. 

Read the judgment on Bailii