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Craig Murray ( @CraigMurrayOrg), ex-UK Ambassador, whistleblower, now political activist, faces court in Edinburgh this morning over contempt of court charges relating to articles & comments on the trial of former First Minister Alex Salmond. I'll be reporting what happens.
The Crown alleged in its April 21 petition that Mr Murray committed Contempt of Court at common law, under the Contempt of Court Act 1981, & breached relevant judicial reporting orders. Maximum sentence is 2 years imprisonment. (Section 15(2) 1981 Act)
For an accessible intro to Contempt of Court in Scottish criminal law, @PeatWorrier’s 20 minute podcast provides a great & entertaining explanation. Goes through case law (includes nudity & drunkenness in the court room!), strict liability, & defences. https://www.spreaker.com/user/andrewtickell/what-is-contempt-of-court
I’m observing proceedings virtually. It’s a procedural hearing (case management rather than witnesses/questioning). Crown & accused representatives will appear. These are live proceedings & so legal restrictions apply to what anyone can say, including online.
Court reporting on live cases is allowed. The judicial protocol applies specifically to this twitter thread! (see attached) 1981 Act strict liability does not apply to "a fair & accurate report of legal proceedings held in public, published contemporaneously & in good faith”.
