Case against woman charged under Scotland’s abortion buffer zone law dismissed

Case against woman charged under Scotland’s abortion buffer zone law dismissed

A 75-year-old woman charged after taking part in an anti-abortion protest outside a Glasgow hospital has had her case dismissed.

Rose Docherty was the first person to be charged under the Abortion Services (Safe Access Zones) Act 2024 after holding a placard outside the Queen Elizabeth University Hospital (QEUH) in May and again in September.

The legislation, introduced in 2024, prohibits activities that could “influence or alarm others around hospitals and clinics where terminations are carried out”.

A spokesperson for Scotland’s prosecution service, the Crown Office and Procurator Fiscal Service, said: “COPFS notes the decision of the court and will consider it carefully.”

The Act bans protests and vigils within 200m (650ft) of 30 clinics across Scotland. It is a criminal offence to behave in a way that could influence decisions to access services within these zones, or to cause alarm, harassment or distress. Breaches can result in fines of up to £10,000, or unlimited penalties in more serious cases.

Ms Docherty was arrested near the QEUH holding a sign reading: “Coercion is a crime, here to talk, only if you want.”

She previously told the BBC’s Scotcast that the arrest was an “alarming” and “surreal” experience, adding: “I don’t feel I was breaking the law because I feel this law is an unjust law.

“I was just standing with a sign that was stating a fact that coercion is a crime.

“I was there to speak with people only if they wanted to speak with me. I wasn’t approaching anyone, I wasn’t behaving in a manner that was intimidating or harassing anyone.”

Dr Greg Irwin, a doctor at the QEUH, was photographed confronting protesters in February 2023, saying they “cause emotional upset to patients, but also to staff members”.

He has said: “One in three women will make use of abortion healthcare, so judgemental protests at the hospital gates have a real and unpleasant effect, particularly on these staff members.

“But they also affect other staff, like myself, who find it infuriating to know that there are protesters outside the hospital intimidating patients on their way in.

“It’s such an unbelievably cruel and unkind thing to do, and it bothers me throughout the protest period.”

Join over 12,200 lawyers, north and south, in receiving our FREE daily email newsletter
Share icon
Share this article: