Achi news desk-
The 59-year-old husband of former First Minister Nicola Sturgeon was taken into custody for questioning at 9.13am more than a year after he was first arrested.
He was later charged at 6.35pm on Thursday evening in connection with the theft of SNP money, Police Scotland confirmed.
READ MORE: Peter Murrell charged in connection with SNP money theft
However, when the police released information about his arrest, they also issued a warning to anyone discussing the case on social media, and the crown office has followed that up by issuing advice on the Contempt of Court Act.
A spokesperson for Police Scotland said: “A report will be sent to the Crown Office and the Procurator Fiscal Service in due course. The man is no longer in police custody. As this investigation is ongoing, we are unable to comment further.”
“The matter remains active for the purposes of the Contempt of Court Act 1981 and the public are therefore advised to exercise caution when discussing it on social media.”
It has been confirmed that Peter Murrell has resigned from his membership of the SNP Party.
So, what is Contempt of Court and how does it apply?
Now that Peter Murrell has been charged in connection with the theft of SNP money, the trial is now underway, limiting what can be said about the case.
Once legal proceedings become active, it is an offense for media organizations to broadcast material which would create a significant risk of prejudice or serious obstruction to the proceedings.
The Crown Office and Procurator Fiscal Service (COPFS), Scotland’s independent public prosecution service, has issued legal advice following the high-profile arrest reminding people of the consequences they could face.
A statement said: “In Scotland, when a person is charged with an offense the case becomes ‘active’ in terms of the Contempt of Court Act 1981. This means that any conduct which tends to interfere with the course of justice be treated as contempt of court, regardless of the intention to do so.
“Contempt can be punished up to two years in prison and/or an unlimited fine in serious cases. Its purpose is to protect the integrity of cases, preserve access to justice for victims, and ensure fair trial rights for the accused.”
READ MORE: Who is Peter Murrell, former SNP chief executive?
What can’t we say?
Strict liability applies to this case, which means that a defendant (anyone charged with contempt of court in this case) is liable for committing an act, regardless of their intent or state of mind when committing the act.
The Crown Office added: “The ‘strict liability’ rule applies to any publication or communication directed at the general public, including online publications. Any information published about an active case must not include commentary or analysis of evidence, witnesses or the accused.”
The ruling applies to comments and posts on social media platforms, published work – whether written or broadcast and also to reader comments on heraldscotland.com
