NICOLA Sturgeon has passed the SNP's vetting process despite remaining under investigation in Operation Branchform probe.
The former first minister submitted an application to the party in November to keep open the prospect of standing again to be a candidate for the next Holyrood election in May 2026, The Herald reports.
She had to declare to senior SNP officials that she was being investigated as part of the procedural checks carried out on all prospective candidates including sitting MSPs.
The Herald has been told she has completed and passed the process.
"Nicola has passed vetting," a source close to the former First Minister told the paper.
But the news has raised eyebrows among some of her colleagues, with one unnamed SNP MSP saying: “It's incredible that someone who is under active police investigation can pass vetting.”
Sturgeon has yet to declare if she will stand again for re-election next year.
Asked by reporters in Holyrood on Thursday whether she would confirm her position, she said: “You’ll have to wait and see.”
Sturgeon and Colin Beattie, then the SNP's national treasurer, who is also an MSP, were arrested in June 2023, and released without charge, as part of the long-running Police Scotland investigation Operation Branchform.
The former first minister has denied any wrongdoing. Beattie has also passed the SNP's vetting processes and has told his local branch he wants to stand for election again to Holyrood next year.
Both politicians remain under investigation, according to the Crown Office and Procurator Fiscal Service.
After Sturgeon’s arrest in 2023 some in the SNP believed she should have resigned from the group while she was under investigation.
"There's no pressure on her to do so from the party or from me as leader of the SNP," said the then-first minister Humza Yousaf (below).
"She has been released without charge and I think it is so important that presumption of innocence is upheld."
The Branchform inquiry was launched in 2021 after a complaint by an activist over how £600,000 of donations to the SNP for a second independence referendum were spent.
Sturgeon was first minister and SNP leader at the time and her husband Peter Murrell was party chief executive.
Murrell was charged in connection with embezzlement last year. Last month Sturgeon announced she and Murrell, who married in 2010, were to divorce.
It is understood around 200 people hoping to become SNP candidates at next year's Holyrood election submitted applications to stand.
The SNP's vetting procedure was due to be completed at the end of December but has now been pushed back due to delays over the festive period.
Any hopeful who does not clear the party's vetting procedures can lodge an appeal.
Seat selections begin once the vetting and appeal process have been concluded.
Vetting forms filled in by potential candidates for the 2026 election included a question asking if the applicant was subject to criminal inquiries, sources told The Times last year.
Party officials also receive reports on hopefuls from parliamentary whips and speak to members in their local branches as they make their assessments.
The former first minister and Beattie (below) remain formally under investigation.
A spokesman for the Crown Office and the Procurator Fiscal Service said there had been no change in its position since a statement issued to The Herald in mid-January.
The statement issued at that time by a spokesperson for the service said: “A standard prosecution report has been received by the Crown Office and Procurator Fiscal Service from Police Scotland in relation to a 60-year-old man and incidents said to have occurred between 2016 and 2023.
“Connected investigations of two other individuals, a man aged 73 and a 54-year-old woman, remain ongoing.
“Professional prosecutors from COPFS and independent counsel will review this report. They will make decisions on the next steps without involving the Lord Advocate or Solicitor General. All Scotland's prosecutors operate independently of political influence.
“Before deciding what action to take, if any, in the public interest, prosecutors will consider if there is enough evidence. There must be evidence from at least two separate sources to establish that a crime was committed and that the person under investigation was the perpetrator.
READ MOORE: Anas Sarwar quizzed on broken Grangemouth pledge in 'excruciating' TV interview
“This evaluation will involve a thorough examination of the numerous witness statements and extensive evidence collected by police. Prosecutors may instruct the police to conduct further investigations before taking a decision.
“Decisions on how to proceed are taken by prosecutors acting independently, and are based upon available evidence, legal principles, and the merits of each case. They are not influenced by political events.
“When making a decision, prosecutors will consider all the specific facts and circumstances of a case. The criteria for decision making and the range of options available to prosecutors are set out in the publicly available Prosecution Code.”
A Scottish Conservative spokesman added: “Scots will be asking how robust the SNP’s vetting process is given it looks like they are happy to wave through two candidates still under police investigation.”
In relation to the timetable for the SNP selection process, a spokeswoman for the SNP added: “Due to the efforts of those who volunteer to help with our assessment process, we are on track to begin our selection processes in early March, in line with our original timeline.”
It is understood that the process slowed over the Christmas and New Year holiday so the party’s national executive committee agreed a longer timeline to complete the administration process but it is expected to conclude this month with candidates due to be in place by the end of April.
A Police Scotland spokesperson said: "On August 9, 2024, we presented the findings of the investigation to the Crown Office and Procurator Fiscal Service and we await their direction on what further action should be taken.”
