A Scottish grandmother who was arrested for holding a sign in an abortion “buffer zone” has had the charges against her dropped.
Rose Docherty, 75, was the first person to be charged under the Abortion Services (Safe Access Zones) Act, Scotland’s buffer zone legislation.
Docherty was arrested and charged in September last year for holding a sign outside the Queen Elizabeth University Hospital in Glasgow that read “Coercion is a crime, here to talk, only if you want”.
The case against Rose Docherty was dropped following an argument from her legal team that the charges against her violated her Article 10 right to freedom of expression.
On hearing the verdict, Docherty said, “This verdict is a major victory for free speech in Scotland and the UK. It shows that peacefully offering consensual conversation on a public street, which is all I have ever done, can never be a crime”.
“My case shows how ‘buffer zones’ are used by authorities to impose censorship. ‘Buffer zone’ legislation must be repealed in Scotland and across the UK to ensure it is not misused to target peaceful and lawful expression again in the future”, she added.
Many on social media celebrated the outcome. The Free Speech Union said the verdict was a “victory for Rose Docherty and for free speech”, while political commentator, Lois McLatchie Miller, stated this was a “WIN for free speech in the UK”.
The most extreme abortion buffer zone legislation in the world
Scotland’s buffer zone legislation is the most extreme legislation of its kind in the world.
It creates a minimum of 200m ‘safe access’, or buffer, zones around any facility that performs abortions, where offering support to women would be criminalised. The 200m is a minimum, as abortion providers can apply for the zone to be extended, with the Act giving the Scottish Government the power to extend any buffer zone beyond the 200m if they judge that the existing zone “does not adequately protect” women seeking an abortion. There is no limit on the size of the buffer zone that can be created under this power.
The minimum size of the buffer zones in Scotland extends further than the minimum size of any other buffer zones in the world. For example, the Public Order Act 2023 in England and Wales sets the limits of the buffer zones at 150m and the legislation does not give the Government the power to extend buffer zones beyond 150m. Most buffer zones in Northern Ireland are 100m, half the size of those in Scotland.
Within these zones, it is illegal to influence a person in regard to their decision “to access… the provision of abortion” in an abortion clinic or a hospital. These provisions make offers of help to women seeking an abortion, such as what Rose Docherty was alleged to have been doing, illegal within a buffer zone, and could criminalise silent prayer.
Anyone who commits an offence can be fined up to £10,000 on a summary conviction, or an unlimited fine on indictment.
The provisions of the Act apply to anything that is “visible or audible” within a buffer zone, even if these relate to private buildings. This means it may be illegal for pro-life signs to be displayed from a window within a private home or outside a place of worship if the signs are within the boundaries of or visible to a buffer zone. Similarly, conversations in private homes or outside churches may be included if they are audible inside a buffer zone. Referring to private dwellings, Gillian Mackay, who introduced the legislation, told the Committee “it is essential that such premises are covered by the legislation”.
Spokesperson for Right To Life UK, Catherine Robinson, said “It is great news that the charges against Rose Docherty have been dropped”.
“Rose was arrested simply for allegedly offering conversation to women who may be choosing to have an abortion, in the vicinity of a facility where abortions are performed”.
“The case against this grandmother, who has at no point intimidated or harassed anyone, is unacceptable and highlights the confusion surrounding the buffer zone legislation. The police are using this dangerous law to target innocent people for simply holding private pro-life thoughts in their minds”.
