PeatWorrier Profile picture
May 26 8 tweets 2 min read Read on X
Lots of things can be true at once. Here's my best reckoning with the absurdity of the Murrell admissions this week. Firstly - he deserves for the book to be thrown at him for his sustained, cynical & indefensible breach of trust over a long period. White collar crime is serious.
I think we'd benefit from a guideline from the Sentencing Council on fraud - but I would expect, even with a guilty plea, a prison term of 3 years reflecting the sustained abuse of trust, adjacency to public office - unknown quantities being how much is potentially recoverable.
Murrell's list of purchases are ridiculous and are rightly being mocked. The household stuff speaks of an utterly banal kleptomania and desire to own things which look cheap but apparently cost wild sums of cash (sorry Lalique but those pepper gringers are powerfully naff)
The idea you can buy a £120,000 mobile home without anything problematic will happen speaks to what I think of a thanataphoric urge in some politicians - we've seen a few examples recently - who are literally willing their own political deaths through demented risk-taking.
The psychological suspicion is that they want to get caught. The massive stakes - which will be visited on Murrell - indicate how twisted all this gets. Ask anyone who has ever known a fraud of an embezzler, and they may recognise this corkscrew story of a corkscrew personality.
I'm curious about frauds like this - if only to understand the psychological dimensions. A sense of entitlement seems a major factor, combined with ambiguity about authority and functions to get it started - with Murrell, there seems to have been a substantial escalation.
Final thought: if any of you are unlucky enough to find yourself interviewed by the police under caution and have the opportunity to take advice - you're going to be told to exercise your privilege against self-incrimination by your lawyer. I'd recommend you follow their steer.
I appreciate it is all very interesting to pretend this is a strange thing for a person to do - but the right to silence is a basic ECHR right and the evidence suggests the justice system would have fewer wrongful convictions to contend with if more people exercised it.

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More from @PeatWorrier

Jan 10, 2024
🧵 As enhanced media attention is trained on the Scots aspects of the Post Office scandal - here's a significant detail which emerged from Sir Wyn Williams' inquiry which raises significant questions for the Crown Office & Procurator Fiscal Service.
Post Office head of criminal law Jarnail Singh testified in November about his role in the scandal. Counsel to the Inquiry took Singh to an email he sent in March 2014 about the main "matters" PO lawyers were then contending with. Full transcript here: postofficeinquiry.dracos.co.uk/phase-4/2023-1…
"Scotland" was Jarnail Singh's number two issue. The whole document appeared briefly on screen at the inquiry (accessible at this point in the Inquiry livestream of the evidence session). Take a look at what it says:
Image
Read 9 tweets
Apr 12, 2023
Considering there's never been a section 35 order made under the Scotland Act before & one has never been judicially reviewed, you'd think folk with no legal qualifications might be a tad more circumspect about predicting outcomes of a process with three layers of appeal.
Pick one of the two potential outcomes right now: you might well be right. But this is essentially an accident of chance - or projection about preferred outcomes - polished up as prescience. Folk declaring with absolute certainty what will happen are talking out of their hats.
What we can outline with reasonable confidence are the mainlegal grounds the courts will use to review Alister Jack's order. One: is the order in accordance with the powers given to him by s.35 of the Scotland Act? Two: are the reasons given for blocking the Bill unreasonable?
Read 5 tweets
Apr 11, 2023
🧵A wee thread on reforming reporting restrictions in criminal cases involving children - whether as victims, witnesses or the accused. Holyrood's @SP_ECYP committee is now scrutinising proposals update the law in this area. This is a good thing. But... parliament.scot/-/media/files/…
Me & @seonaid90 have been doing a lot of work recently @Campaign4CA on good & bad ways to introduce reporting restrictions, drawing on international experience. We submitted evidence on the Bill as we think there are at least six ways these proposals can be improved in committee.
Some of the potential changes are more important than others, but drawing on this research, the key areas where we reckon the Children (Care and Justice) Bill could be beneficially reformed are as follows: https://t.co/OsllvUT33Yresearchonline.gcu.ac.uk/en/publication…
Read 11 tweets
Jan 16, 2023
There's a whole pile of confusion out there at the moment (understandably) about Holyrood's legislative competence, the concept of "reserved matters," and how this relates to the hitherto ignored provisions in s.35 of the Scotland Act 1998. A short 🧵legislation.gov.uk/ukpga/1998/46/…
Start with the basics. The Scotland Act says "there shall be a Scottish Parliament" and establishes it has competence to make primary legislation. The key idea here is that Holyrood can legislate about anything which doesn't "relate to reserved matters." legislation.gov.uk/ukpga/1998/46/…
This means MSPs can change any common law rules and amend or repeal any Acts passed by the Westminster Parliament - so long as they fall outside the list of reserved matters in Schedule 5 to the Act or aren't "protected from modification" by Schedule 4. legislation.gov.uk/ukpga/1998/46/…
Read 17 tweets
Sep 13, 2022
I may be on holiday, but there's enough legal confusion floating about at the moment that I thought I'd share a few clarifications and definitions about Scots law, arrest and public order offences.
Firstly, the main statute governing arrests in Scots law is now the Criminal Justice (Scotland) Act 2016 - not Westminster's recent Public Order Act 2022 which doesn't apply in Scotland for these purposes. legislation.gov.uk/asp/2016/1/par…
In terms of public order offences, Scots law has a different framework from England too. Historically, the common law crime of "breach of the peace" was the main public order offence up here. In the past, this crime was under-defined and understood in a remarkable broad way.
Read 12 tweets
Jun 22, 2022
A wee 🧵. Last year, Holyrood passed the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021. This legislation made it a crime to assault, threaten or abuse retail workers in the course of their duties. Sound familiar? legislation.gov.uk/asp/2021/6/con…
It should. Assault is already a common law crime. Threatening & abusive behaviour is crime too. The new Act not only recriminalised behaviour which is already criminal - it actually created lower maximum penalties for that behaviour in the name of "strengthening the law."
On the face of it, this legislation makes no sense at all. In the new edition of @juridicalreview published this morning, I have a piece trying to understand why politicians & campaigners think recriminalising conduct with lower penalties is a gainful use of their time.
Read 6 tweets

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