THE Crown Office has issued a warning after former SNP chief executive Peter Murrell appeared in court charged with embezzlement.
In a post on social media, the Crown Office and Procurator Fiscal Service (COPFS) urged people to “think” before they posted about the criminal trial – warning members of the public they could face jail if they broke the rules.
The prosecution service said: “Those who comment publicly on live criminal cases risk being found in contempt of court.
“If the court makes a finding of contempt, penalties can include fines and imprisonment. The legal proceedings can also be prejudiced. Think before you post.”
Contempt of court is a crime and covers a broad range of actions which could be considered to prejudice or interfere with the course of justice in a trial.
The Contempt of Court Act 1981 provides for a “strict liability rule” in the implementation of the law, which it defines as conduct “tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so”.
Speculating about the guilt of someone charged with a crime could result in being charged with contempt of court as could breaking anonymity orders if they have been made.
Murrell (above) appeared at Edinburgh Sheriff Court on Thursday, where he made no plea and was bailed.
His estranged wife Nicola Sturgeon was cleared by police on the same day, as was former party treasurer Colin Beattie, who had previously been arrested as part of Operation Branchform.
The police investigation relates to £600,000 raised by the SNP which was earmarked for spending on an independence campaign.
In a statement, Police Scotland said on Thursday: “Following direction from the Crown Office and Procurator Fiscal Service, criminal inquiries into two people arrested as part of the investigation into the funding and finances of the Scottish National Party have now concluded.
“The 73-year-old man arrested on April 18, 2023 and the 54-year-old woman arrested on June 11, 2023 have not been charged and are no longer under investigation.”
A COPFS spokesperson said regarding Murrell’s court appearance: “Professional prosecutors from COPFS and independent counsel are dealing with this case without involving the Lord Advocate or Solicitor General. All Scotland’s prosecutors operate independently of political influence.
“These matters are active under the Contempt of Court Act 1981. The provisions of this Act protect the integrity of proceedings, preserve access to justice for victims, and secure the rights of people accused of crime.
“Anyone publishing items about active cases is advised to exercise caution as material must not be commentary or analysis of evidence, witnesses or accused. Contempt of court carries penalties of up to two years in prison and/or an unlimited fine.”
Addressing the investigation into Sturgeon and Beattie, the spokesperson added: “A request from Police Scotland for advice and guidance in an investigation into a 73-year-old man and a 54-year-old woman has been responded to.
“The request was handled as part of a large-scale wider inquiry and without delay on the part of the prosecution service who recognise its significance.
“Where allegations are made against people or institutions in which the public have placed trust, it is the responsibility of the authorities to conduct a thorough investigation to determine if there is evidence that criminal conduct has occurred.
“We understand public curiosity about this investigation. However, the Crown does not publicly share details of confidential inquiries where there are no proceedings in court. This protects the rights of the individuals concerned who are entitled to a presumption of innocence.”
