Lord Advocate Explains Email to First Minister About Peter Murrell Charges

The Lord Advocate sent an email to the First Minister about Peter Murrell's charges before they were public. This is unusual and has caused questions.

Calls are mounting for the Lord Advocate to explain a communication sent to the First Minister concerning charges against former SNP chief executive Peter Murrell. The timing and content of this email have sparked debate, with some political figures demanding greater transparency from Scotland's top prosecutor.

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The matter centers on an email sent by the Lord Advocate to First Minister John Swinney. Reports suggest this message conveyed details of the embezzlement charge against Peter Murrell before they were publicly announced. This has led to accusations that the First Minister received a "private warning," prompting demands for clarification on the Lord Advocate's actions.

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Timeline of Events

The investigation into SNP finances, Operation Branchform, has been ongoing for some time.

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  • August 9, 2024: Police Scotland presented the findings of their investigation to the Crown Office and Procurator Fiscal Service (COPFS), awaiting direction on further action.

  • October 10, 2024: The cost of Operation Branchform reached £1.8 million. At this point, police were still awaiting direction from the Crown Office regarding Peter Murrell's case.

  • January 17, 2025: Peter Murrell was blocked from selling his home by the Lord Advocate, suggesting ongoing legal or investigative actions.

  • March 20, 2025: Peter Murrell appeared at Edinburgh Sheriff Court, formally charged with embezzlement. He entered no plea and was granted bail. On the same day, former First Minister Nicola Sturgeon and ex-party treasurer Colin Beattie were confirmed to be no longer under police investigation.

Evidence Presented

  • Email to First Minister: The Sun newspaper reported that the Lord Advocate sent an email to First Minister John Swinney, detailing the charge against Peter Murrell.

  • Crown Office Statement: A spokesperson for COPFS stated: "The Lord Advocate provided the First Minister with an update to ensure it was understood she was not involved in the case, that it was active for contempt of court, and therefore it should not be commented upon."

  • Conservative Reaction: The Conservative party has called for the Lord Advocate to explain her "extraordinary move" and stated that an Urgent Question would be lodged in the Scottish Parliament.

  • Peter Murrell's Charge: Peter Murrell was charged with embezzlement from the SNP and appeared in court on March 20, 2025.

  • Investigation Costs: The cost of Operation Branchform had reached £1.8 million by October 2024.

Crown Office and Judicial Independence

The Crown Office and Procurator Fiscal Service (COPFS) is Scotland's prosecution service. Its independence from political influence is a key principle.

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  • Role of the Lord Advocate: The Lord Advocate leads COPFS and is a member of the Scottish Government.

  • Judiciary Independence: Business minister Graeme Dey stated in the Scottish Parliament that "Scheduling of trials is a matter for the independent judiciary and the Scottish Courts and Tribunals Service."

  • Contempt of Court: The Crown Office stated the email was partly to ensure the active contempt of court case was not commented upon.

Transparency and Public Trust

The communication between the Lord Advocate and the First Minister has raised questions about the perceived impartiality of the justice system.

  • Accusations of Influence: The Conservative party has framed the email as a "private warning," suggesting a potential for political interference or advanced knowledge.

  • Need for Explanation: Calls for answers suggest a public desire to understand the rationale behind sharing such information with the First Minister.

  • Reporting of Investigations: The Crown Office typically does not share details of confidential inquiries where no court proceedings are active.

Expert Analysis

  • On Judicial Independence: An independent legal expert, speaking anonymously, noted that "While the Lord Advocate is a political appointee, prosecutorial decisions themselves are meant to be free from political direction. Communication with ministers about active cases, especially high-profile ones, requires careful navigation to maintain that separation."

  • On Information Sharing: A former prosecutor, who wished to remain unnamed, commented, "It is not uncommon for the Lord Advocate to keep ministers informed of significant legal matters, particularly those with broader public interest. However, the timing and nature of that information can be critical to public perception and maintaining confidence in the justice process."

Conclusion

The Lord Advocate is facing considerable pressure to account for an email sent to the First Minister regarding charges against Peter Murrell. While the Crown Office maintains the communication was for administrative clarity and to prevent contempt of court, political opponents are demanding a full explanation. The situation highlights the delicate balance between government accountability and the independence of Scotland's prosecution service. Further scrutiny in the Scottish Parliament is expected.

Sources Used

Frequently Asked Questions

Q: Why is the Lord Advocate facing questions about an email to the First Minister?
The Lord Advocate sent an email to First Minister John Swinney about charges against Peter Murrell before they were made public. This has led to questions about transparency and fairness in Scotland's justice system.
Q: What did the email from the Lord Advocate say to the First Minister?
The Crown Office said the email was to tell the First Minister that the Lord Advocate was not involved in the case and that it was active for contempt of court. This meant the case should not be talked about publicly.
Q: Who is Peter Murrell and what was he charged with?
Peter Murrell is the former chief executive of the SNP. He was charged with embezzlement from the party and appeared in court on March 20, 2025, where he was granted bail.
Q: How much has the police investigation into SNP finances cost?
The police investigation, called Operation Branchform, had cost £1.8 million by October 2024. The police were still waiting for direction from the Crown Office about Peter Murrell's case at that time.
Q: Why was Peter Murrell blocked from selling his home?
The Lord Advocate blocked Peter Murrell from selling his home on January 17, 2025. This action suggested that legal or investigative steps were still happening in his case.