Why we cannot name teens standing trial accused of Brianna Ghey murder

On February 11, the 16-year-old schoolgirl was found on a path at Culcheth Linear Park having sustained multiple stab wounds, and she was sadly pronounced dead at the scene.

Following the death of the Birchwood High School pupil, two suspects, a 16-year-old girl and a 16-year-old boy, were arrested, charged and pleaded not guilty to murder.

The pair, who cannot be named or identified due to legal reasons, will appear in court for the trial, starting today.

For cases such as this, the media – or anyone else, including in comments on social media – cannot name the defendants.

This is because of legal restrictions imposed on what can and cannot be reported.

When a person under the age of 18 appears as a defendant in court, there are different rules which reporters, who are trained in media law, must bear in mind, depending on the type of court in which the case is heard.

When a young person appears as a defendant in a youth court, they are automatically granted anonymity.

Section 49 of the Children and Young Persons Act 1933 says that reports of cases heard in youth courts cannot include the name, address, school or any other information relating to the identity of the defendant.

It is illegal to publish information which breaches Section 49.

Section 49 restrictions expire when the defendant turns 18.

As the case has progressed to the adult crown court, an order under Section 45 of the Youth Justice and Criminal Evidence Act 1999 has been approved.

This prevents the media – and anyone else – from naming the defendant.

Sometimes media organisations make applications, backed up by legal arguments about why the order should be lifted.

It is up to the judge in the case to grant the request, or not.

Brianna Ghey (Image: Cheshire Police)

The rules do not just apply to journalists

If a journalist, or anyone else for that matter, names individuals who have anonymity in the courts, they could be held in contempt.

Punishment could includes fines or even jail if found guilty.

Anyone naming defendants online or on social media are also subject to the same laws and could be arrest.

In the interest of a fair trial and not prejudicing proceedings, everyone is reminded of the rules.

During a previous pre-trial hearing, justice Amanda Yip, presiding over the case, said: “It is very important that this trial proceeds fairly.

“This is important for the defendants, but also for Brianna’s family, that a fair trial happens.

“It is a case where a lot of emotions will run high, which is very understandable.

“There has been a lot of publicity about this case already. We are going to make sure the case proceeds in a calm manner in court and is entirely fair for everyone.

“We have to ensure when the jury comes to trial, they do so where they are able to judge just on the evidence.

“It is really important to protect that for everyone concerned with the case.”