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Liverpool Echo
Liverpool Echo
National
Beth Ure

Why the teenagers accused of murdering Brianna Ghey can't be named

Two teenagers have appeared in court charged with the murder of Brianna Ghey. The 16-year-old was found with stab wounds at Culcheth Linear Park in Warrington, Cheshire, on Saturday (February 11).

A 15-year-old boy from Leigh, Wigan, and a 15-year-old girl from Warrington appeared at Chester Magistrates' Court in connection with Brianna's death this morning (Wednesday, February 15). The court was sitting as a youth court, and the two suspects appeared separately in the dock and spoke only to confirm their names and addresses during the short hearing.

The two teenagers accused of Brianna's murder cannot be named for legal reasons. Neither were required to enter a plea to the charge.

READ MORE: Schoolchildren in court over 'brutal' murder of Brianna Ghey

They were both remanded into youth custody by District Judge Jack McGarva following the hearing. They will appear at Liverpool Crown Court on Thursday (February 16).

Many have questioned why the two teenagers have not been named in media reports.

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What the law says

The law says it is not permitted to report any details which could identify them in connection with youth court proceedings - hearings concerning people under 18. That includes their name, image, address, school or any other details which could lead to their identification.

This is under section 49 of the Children and Young Persons Act 1933. Breaching these rules is illegal.

Those automatic restrictions apply to any person under 18 'concerned' in criminal proceedings - a defendant, witness or victim - in the youth court. The law now extends to social media, so anybody publishing details which risk identification on Twitter, Facebook or other platforms, risks prosecution.

Courts can decide, under certain circumstances, to lift the restrictions, allowing the media to identify the defendant. In many serious cases the media will often apply to have the restrictions lifted.

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

When a person under 18 appears as a defendant - or witness - in an adult court, they have no automatic right to anonymity. The court can however use its discretion to impose an order under section 45 of the Youth Justice and Criminal Evidence Act 1999 preventing identification of the defendant.

"Strong, fearless and one of a kind"

The family of Brianna have released a tribute to her and thanked her friends for their support. They said: "Brianna was a much loved daughter, granddaughter, and baby sister.

"She was a larger than life character who would leave a lasting impression on all that met her. Brianna was beautiful, witty and hilarious. Brianna was strong, fearless and one of a kind.

"The loss of her young life has left a massive hole in our family, and we know that the teachers and her friends who were involved in her life will feel the same. We would like to thank everyone for their kind words and support during this extremely difficult time.

"We would like to thank the police for their support, and witnesses for helping with the investigation. The continuation of respect for privacy is greatly appreciated."

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