RECENT developments in the police probe into SNP finances have seen top figures in the party drawn into the controversy.
The former chief executive, Peter Murrell, was arrested and questioned before being released without charge, and on Tuesday the party’s treasurer, Colin Beattie, was also arrested.
While Beattie has not been charged with any wrongdoing, his arrest has raised questions around parliamentary process.
What happens if a sitting MSP is arrested?
After being arrested, an MSP has the same rights as an ordinary member of the public. Police can hold them for up to 12 hours before they must be either released or charged.
Officers can arrest the same person for the same crime more than once, but the total time they have been held cannot exceed 12 hours. The timer does not reset with every new arrest.
The time a person is held can be extended to a maximum of 24 hours, but only if a senior police officer agrees.
What happens if a sitting MSP is charged with a crime?
A member of the Scottish parliament will not be removed from their seat automatically if they are charged with a crime. They will not lose their seat even if they are convicted in court.
In 2013, former SNP MSP Bill Walker was urged to quit Holyrood after he was found guilty of 23 charges of assault and one of breach of the peace in court. Sitting as an independent, Walker initially refused to step down.
Amid the controversy surrounding Walker’s case, MSPs brought in new rules which said that any member of Holyrood who was jailed would see their pay docked by 90%.
Walker did step down, before his 12-month jail sentence, after pressure from politicians including then first minister Alex Salmond.
What happens if a sitting MSP is sent to jail?
Due to the rules passed in September 2013 around Walker’s case, any MSP sent to prison for less than one year will have their pay docked by 90%.
However, an MSP will be automatically removed from their seat if they are jailed for more than one year.
Have there been any bids to change the rules?
In 2022, the Scottish Tories attempted to bring a Removal from Office and Recall (Members of the Scottish Parliament) Bill into law.
This bill, which the Conservatives pushed in the wake of the case of former SNP finance secretary Derek Mackay messaging a 16-year-old boy, would have made it easier to remove a sitting MSP.
Mackay (below) had continued to draw an MSP's salary for more than a year, despite not going to parliament for any votes or debates.
The bill, which the Conservative's dubbed "Mackay's law", would have seen a rule change meaning MSPs could be sacked if they did not turn up to parliament for six months.
The bill would also have removed any parliamentarian from office automatically if they received a jail sentence of any length.
Graham Simpson, the Tory MSP who proposed the bill, said it would also consider setting up a recall system, allowing constituents the opportunity to oust their MSP for any breach of rules.
As it stands, a Holyrood spokesperson said: "There is no recall mechanism at the Scottish Parliament. A member remains an MSP until an election or they resign."
