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Peter Murrell is due to be sentenced next month at the High Court of Justiciary in Scotland over embezzlement charges. Unlike England, Scotland does not have formal sentencing guidelines for such offences, so the court will likely refer to past rulings to determine the appropriate punishment. The High Court holds the authority to impose life sentences and unlimited fines, and typically, those found guilty of embezzling sums exceeding £100,000 receive custodial sentences.
Murrell, the former chief executive of a political party, is accused of embezzling more than £400,000 over a period spanning over ten years. To conceal his misuse of funds, he allegedly falsified records related to personal expenditures, placing many aggravating factors at a high level. These factors generally considered by Scottish courts include the amount embezzled, the duration of the offense, whether the fraud only stopped after detection, the breach of trust involved, and the impact on victims. Holding a professional or public office further aggravates the seriousness of the crime, as does the need for deterrence through sentencing.
Previous cases provide some context on potential sentencing outcomes. For example, former SNP MP Natalie McGarry received a two-year prison term for embezzling £25,000, which roughly translates to a month’s jail per £1,000 stolen. This suggests Murrell could face a lengthy sentence. However, other cases such as Beverley Bennie’s 20-month sentence for embezzling nearly £100,000 and Emma Hunt’s three-year term for misappropriating over £900,000 indicate sentencing can vary considerably depending on circumstances, including whether the accused pleaded guilty.
Another aspect of the case involves a luxury motorhome valued at £124,550, purchased by Murrell in late 2020. The vehicle, seized from his mother’s property in April 2023, has been stored in a police compound and likely depreciated significantly. Prosecutors may seek a confiscation order treating its value as recoverable property linked to the crime. Although the political party victim also has a claim, the Crown’s claim takes precedence. Typically, any recovered assets would be sold to offset the amount ordered for confiscation, but Murrell will not be allowed to reclaim the motorhome. If the total recovered falls short of the £400,000 embezzled, Murrell remains liable for the outstanding balance.
Additionally, proceeds of crime laws may allow recovery of items classified as “tainted gifts,” including those potentially given to Murrell’s estranged wife, regardless of her knowledge of their illicit funding. Nicola Sturgeon, cleared of wrongdoing following police investigations, has stated she had no reason to suspect the funds were misused and was unaware of several items listed as purchased through embezzled money. The investigation also noted bulk purchases of items like gaming consoles and video games in late 2020, raising questions about potential efforts by the Crown to reclaim these goods
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