The Press and Journal and Edinburgh Evening News are facing legal action after publishing the name of a 15-year-old charged with the murder of teenager Jodi Jones.

The papers are being investigated for naming someone under the age of 16 involved in court proceedings after contravening guidance from the Crown Office and Procurator Fiscal Service. The papers deny that proceedings were active at the time.

A spokesman for the Crown Office said: "Papers which have named him are being drawn to the attention of the procurator fiscal and he will be deciding whether to take action."

Both papers made a positive decision to name the suspect after taking legal advice on the matter, which suggested the law on naming someone under 16 can only apply once court proceedings have begun. This was despite the guidance in an operational note from the Crown Office.

The Aberdeen-based Press and Journal carried a front page article in its early editions yesterday, identifying the youth both in the story and headline.

A front page picture showed police forensic teams outside his home, and again named him, this time in the caption.

The Edinburgh Evening News had identified the suspect in its headline the day before - to bring the full story to its readers.

Press and Journal editor Derek Tucker said: "The Crown Office put out a reminder that S47 of the Criminal Procedure (Scotland) Act 1995 applied but our belief is that it does not apply.

"It was a conscious decision to name him taken on legal advice.

"Section 47 of the Act only kicks in when the person appears in court. We did not name him on our websites because he could have appeared by the time they were published."

A further Crown Office warning on proceedings being active applies to the Contempt of Court Act 1981, and relates to causing a substantial risk of serious prejudice to a case - for instance, by discussing evidence.

Evening News editor Ian Stewart declined to comment due to the procurator fiscal's investigation.

The Crown Office thought it was appropriate to issue the operational note to avoid the risk that criminal proceedings could be prejudiced by speculation over the identity of the person due to appear in court.

As well as warning about naming the specific individual, it added: "Editors are also reminded that Section 47 of the Criminal Procedure (Scotland) Act 1995 prohibits the identification of any person under the age of 16 years concerned in proceedings."

Back to the law index

Do you have a story about the regional press? Ring 0116 227 3122/3121, or
e-mail pastill@nep.co.uk