Scottish grandmother Rose Docherty has welcomed the news that the Crown Office will not be appealing the decision to clear her of charges relating to a supposed breach of an abortion clinic “buffer zone”.
Under Scotland’s buffer zone law, “influencing” a person seeking an abortion is not permitted within 200 metres of an abortion providing facility.
Docherty was arrested last year for silently standing in such a zone while holding a sign that read 'Coercion is a crime, here to talk, only if you want'.
On 27 April a judge at Glasgow Sheriff Court dismissed two criminal charges against Docherty in what was hailed as a victory for freedom of speech. The Crown Office had one week to appeal the decision, something they declined to do.
While welcoming the decision, Docherty and her supporters have responded cautiously, perhaps as a result of the Päivi Räsänen case.
Räsänen, a Finnish politician, was acquitted of inciting hatred against LGBT people for co-authoring a pamphlet supporting traditional Christian views on sexuality. State prosecutors however took the political decision to appeal the verdict, dragging the case out in total for seven years and eventually leading to a conviction in March. She plans to appeal to the European Court of Human Rights.
Both Docherty and Räsänen have been supported by legal advocacy group ADF International.
ADF said it was in talks with Docherty to consider “all options to prevent the recurrence of her arrest and treatment, including legal action against the police”.
The group noted that while Docherty was acquitted, it was in fact her second arrest under Scotland’s buffer zone law. Following her first arrest, Scottish authorities decided not to prosecute.
Docherty said, “I am very pleased with this development, which reinforces that offering consensual conversation is not a crime on any public street in Scotland - regardless of whether or not that street is in a ‘buffer zone’.
"Today, there is sadly an epidemic of loneliness and people experience coercion every day. An offer to speak, which can be freely accepted or refused by any person, could really help someone and should never be criminalised."
Docherty called for an end to buffer zone laws across the United Kingdom, saying that they were being used to “censor peaceful expression”. She added that she and her legal team were looking for ways to ensure that she does not face repeated arrest in the future and potentially more prosecutions.
Jeremiah Igunnubole, barrister and legal counsel for ADF International, said, “Rose’s free speech win last month has now been solidified by the Crown Office’s decision not to appeal. This is a victory for freedom of expression in Scotland and across the UK."
He added, “Although Rose has been vindicated, she should never have been arrested. The process has become the punishment, with a deeply concerning chilling effect on free speech more broadly.”
