ON Thursday evening, police confirmed that former SNP chief executive Peter Murrell has been charged amid a probe into the party’s finances.
The three-year investigation, dubbed “Operation Branchform”, had previously seen Murrell arrested and released without charge in April 2023.
However, he has now been re-arrested and charged in connection with allegations of embezzlement.
The latest development means the case is “active” in terms of the Contempt of Court Act 1981 – which has immediate ramifications on what the media can and cannot report.
It also has an immediate impact on what members of the public can say – including in the comment section on our website.
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A key phrase to remember is “substantial risk of serious prejudice”. If a comment on our website or on social media 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.
The Crown Office and Procurator Fiscal Service explained exactly what the Contempt of Court Act means.
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
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.”
Scottish law lecturer Scott Wortley reminded people that the Act is "taken very seriously" by the Crown Office in Scotland, reputedly more so than south of the Border.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
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