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Scotland's top judge ruled that Peter Murrell's reaction to his jail sentence could not be filmed after concerns were raised that he could be turned into a social media meme.

Lord Pentland, who is the head of the Scottish judiciary as Lord President, ruled that it would be 'inappropriate' for the former SNP chief executive to be filmed when his sentence was read out.

He reached the decision after the judge in the case said it would be 'intrusive' and could be extensively used on social media – 'possibly as a meme or GIF'.

Murrell, who is Nicola Sturgeon's estranged husband, was sentenced to five years and three months in prison after admitting he embezzled more than £400,000 from the SNP.

Ms Sturgeon this week turned her fury on her ex by accusing him of exposing her to 'suspicion, humiliation and vilification'.

Part of Murrell's sentencing hearing was filmed by the BBC in June, including his arrival and departure from court.

But messages released under freedom of information legislation reveal that there was opposition to a request to film Murrell's response while being sentenced.

Peter Murrell's sentencing hearing was filmed by the BBC in June, including his arrival and departure from court, pictured. But messages reveal that there was opposition to a request to film Murrell's response while being sentenced

Nicola Sturgeon this week turned her fury on her ex by accusing him of exposing her to 'suspicion, humiliation and vilification'

The messages, published by the Daily Record, show that Lord Young, the judge in the case, wrote in an email: 'It is a very significant step and, I'll be honest, I feel this is going too far and starts being too intrusive for the accused.

'I feel unease that the accused's reaction, or lack of reaction, to the sentence will be analysed and replayed - possibly as a meme or GIF - going forward.

'If, in this case or any future case, the accused's expression might be interpreted as unconcern or even relief about the sentence imposed, it could feature as part of the public critique of the severity of the sentence. I think it all becomes very difficult to control.'

Lord Pentland accepted his argument, saying: 'I agree with Lord Young that the further request would be inappropriate. It should be refused. They can film him entering and leaving the dock.'

A request to allow a sketch artist to sit in court was granted.

Dr Nick McKerrell, a senior lecturer in law at Glasgow Caledonian University, said: 'Cameras in the Scottish criminal courts have had a glacial pace of introduction. Lord Young's comments illustrate why.

'Filming complex legal arguments for broadcast is one thing. This is now normal in civil courts. Involving live filming of the accused, juries and witnesses is a step too far.'

A spokesman for the Judicial Office for Scotland said: 'Members of the public are encouraged to come to their courts and see the entire proceedings for themselves so they can understand what goes on and why. For those who can't make it to court, filming certain parts of the proceedings in a controlled way ensures a consistent and fair view of justice being done without sensationalising or trivialising the proceedings.

'The Scottish Courts have been at the forefront of open justice, having permitted cameras since 1992. Filming has always been subject to permission and careful consideration of its impact on the fairness of proceedings to all involved. Over the last few years approval has been given to film more court proceedings, including trials for documentaries, section 76 hearings, high profile civil cases, and the livestreaming of both the Inner House of the Court of Session and the Criminal Appeal Court.

'Sentencing statements have been allowed to be filmed for many years, but this is restricted to just the Judge or Sheriff and no one else in court can be filmed. To aid understanding of the sentence given in certain cases, filming of the plea in mitigation for news broadcast has also been permitted. However, the accused has never been filmed during sentencing in court for news broadcast. We continue to speak to broadcasters and the media about open justice and carefully consider any application made in this regard.'

In a new introduction to a paperback version of her book Frankly, released later this week, Ms Sturgeon reflects on Murrell's sentencing.

Condemning those who 'were quick to point the finger of suspicion in my direction', Ms Sturgeon writes: 'To say I feel completely and utterly betrayed is an understatement.

'It isn't just that in committing these crimes he has lied to me and turned our lives upside down. That would be bad enough.

'But he has also exposed me to suspicion, humiliation and vilification. It is clear that in everything he did, and for whatever reason, he did not stop to think about me at all.'

She also said that 'despite my anger, it was hard not to feel concern for him' as he had become 'increasingly isolated, withdrawn and uncommunicative' during the three year police investigation.

However, she added: 'Now I don't have to feel any of that any more.'