Why judge lifted reporting restrictions to allow Gary Belfield's teen killers to be named

Two youths can be named after a High Court judge lifted reporting restrictions following an application by ChronicleLive.

Until now, the identities of Kriesha Stroud, 15 and her boyfriend Jordan Tams, 17, could not be reported due to them being under 18, despite them being convicted along with 18-year-old Leandro Lopes of murdering Gary Belfield and attempting to murder his son, Luke Williams in a trial last year.

Following their conviction, ChronicleLive submitted an application for them to be named due to the serious nature of the offence and the public interest in members of the public knowing who the perpetrators were. Before the sentencing hearing got under way, during which they were told they must serve at least 72 years behind bars, Mr Justice Constable agreed that they should be named.

In a written ruling, the judge said: "Throughout the course of the trial, reporting restrictions were made under section 45 of the Youth Justice and Criminal Evidence Act 1999 preventing any matter relating to two of the defendants, who are 15 and 17, being published that would identify them.

"The present order in place would last, unless lifted, until they reach 18, which is in just over 2 years’ time in the case of Kriesha Stroud, and in a couple of months in the case of Jordan Tams. I was asked to lift these restrictions upon his conviction, but declined to do so on the basis that it would be appropriate when considering whether to do so to take into account material that would be produced for the purposes of sentencing.

"I have received helpful written submissions from the applicant, Mr Kennedy, a Court Reporter. I have also received submissions on behalf of the defendants resisting the applications.

"I have reminded myself of the relevant legal principles, and in particular in relation to someone under 18, the summary of principles within R (Y) v Aylesbury Crown Court [2012] and R (KL) v Central Criminal Court [2021] EWCA Crim 200. The general approach to be taken is that reports of proceedings in open court should not be restricted unless there are reasons to do so which outweigh the legitimate interests of the public in receiving fair and accurate reports of criminal proceedings and in knowing the identity of those in the community who have been guilty of criminal conduct.

"The fact that the person before the court is a child or young person will normally be a good reasons for restricting reports of the proceedings in the way permitted by the legislation; and it will only be in rare cases that a direction under section 45(3) of the 1999 Act will not be given or, having been given, will be discharged. The reasons why removal of a restriction will be rare is the very great weight that the court must give to the welfare of a child or young person. In practical terms, this means that the power to dispense with anonymity must be exercised with “very great care, caution and circumspection”.

"However, the welfare of the child or young person will not always trump other considerations. When a juvenile is tried on indictment in the Crown Court there is a strong presumption that justice takes place in open court and the press may report the proceedings. I must balance the interests of the public in the full reporting of criminal proceedings against the desirability of not causing harm to a child concerned in the proceedings. Prior to and during the trial, the welfare of the defendant is likely to take precedence over the public interest in publication, whereas after conviction, the age of the offender and the seriousness of the crime will be particularly relevant.

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"The court should give considerable weight to the age of the offender and to the potential damage of public identification as a criminal before having the burden or benefit of adulthood. However, following the trial and conviction and with each Defendant facing a lengthy sentence of imprisonment, the balancing exercise is different. Murder is the most serious of crimes. Without further order, the present restrictions would be automatically lifted in just over two years’ time for Kriesha Stroud and very shortly in respect of Jordan Tams.

"In the circumstances of the case as I know them to be, there would be no justification for maintaining anonymity beyond 18. There is considerable benefit in contemporaneous reporting of such serious crimes. The prejudice to the Mr Tams is negligible. Even though there is a longer time until Ms Stroud’s identity would otherwise be reportable, I do not consider that, in circumstances where restrictions will in any event be restricted a little way into a lengthy sentence, that there is sufficient prejudice to outweigh the public interest in open reporting of this gave case.

"I therefore order that the reporting restriction presently in place is discharged."

Stroud, of Eastcote Terrace, Walker, Newcastle, Tams, of Wesley Court, Felling, Gateshead and Lopes, of Archer Street, Wallsend, were all been detained at His Majesty's pleasure, which is effectively a life sentence for youths. Tams and Lopes must each serve at least 26 years while Stroud has to do 20 years.

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