ON Monday, May 25, former SNP chief executive Peter Murrell is expected to enter a plea during his first court hearing on embezzlement charges.
Ahead of the crucial date, court papers have revealed the charges that Murrell is facing, including allegedly embezzling £460,000 from the SNP over the course of 12 years and five months.
The court case represents the culmination of a years-long investigation into the SNP's finances, dubbed “Operation Branchform”.
Ever since Murrell was arrested and charged in April 2024, the case has been “active” in terms of the Contempt of Court Act 1981. This has significant ramifications on what the media can and cannot report, which will only become more important as the case moves forward.
It also has an immediate impact on what members of the public can say – including in the comment section on our website.
Contempt of court laws
A key phrase to remember is “substantial risk of serious prejudice”. If a comment on our website, on social media, or in the press's reportage could be read as prejudging the outcome of a case in a way that could sway a juror’s opinion, it could be an offence.
If a comment risks unfairly influencing someone’s right to a free trial, it could be an offence.
It would not necessarily only be the commenter who is liable, but the newspaper which runs the website where the comment appeared as well. This is especially true if a comment which may prejudice a case is flagged to the website owner but is not removed.
As such, we will not have comments enabled on any of our stories linked to the live case involving Murrell and the SNP.
A ‘strict liability’ rule applies to any publication or communication addressed to the public at large, including online publications. Any information published about an active case must not include commentary or analysis of evidence, witnesses or the accused.
— COPFS (@COPFS) April 18, 2024
When Murrell was first charged, the Crown Office and Procurator Fiscal Service explain exactly what the Contempt of Court Act means.
In a statement, it said: “In Scotland, when a person is charged with a criminal offence the case becomes ‘active’ in terms of the Contempt of Court Act 1981.
“This means that any conduct tending to interfere with the course of justice may be treated as a contempt of court, regardless of intent to do so.
“A ‘strict liability’ rule applies to any publication or communication addressed to the public at large, including online publications.
“Any information published about an active case must not include commentary or analysis of evidence, witnesses or the accused.
“Contempt is punishable by up to two years in prison and/or an unlimited fine in serious cases.
“Its purpose is to protect the integrity of proceedings, preserve access to justice for victims, and to secure the rights of a fair trial for the accused.”
Contempt of court is taken very seriously by the Crown Office in Scotland, reputedly more so than south of the Border.
