Woman arrested at anti-abortion protest faces no further action

A woman who was arrested for taking part in an anti-abortion protest outside a hospital in Glasgow will face no further action.

Rose Docherty, 75, was the first person to be charged under a new law that created buffer zones outside Scottish abortion clinics.

She had been taking part in a demonstration close to the Queen Elizabeth University Hospital (QEUH) in February.

Ms Docherty had previously rejected a formal warning from the Crown Office, telling BBC Scotland News that it was “unjust”.

The Abortion Services (Safe Access Zones) Act, which came into force last year, aims to stop the harassment of patients. Those who break the law could be fined up to £10,000 or an unlimited amount in more serious cases.

The Crown Office and Procurator Fiscal Service (COPFS) said it had carefully considered Ms Docherty’s case and decided to take no further action.

Doctors at the QEUH previously said that the protests, which have been held outside the hospital for nearly 10 years, were upsetting and intimidating for patients and staff.

At the February protest, Ms Docherty held up a sign that said “coercion is a crime, here to talk, only if you want”.

She told the BBC’s Scotcast: “I don’t feel I was breaking the law because I feel this law is an unjust law.”

Following her arrest, the Crown Office sent her a formal warning.

It said the procurator fiscal had decided against bringing Ms Docherty before a court and if she accepted the warning she would not be prosecuted.

“I said I wasn’t accepting a warning because it’s unjust,” she told Scotcast. “I would be prepared to go to prison.”

A Crown Office spokesperson said: “Professional prosecutors from COPFS considered the report. All Scotland’s prosecutors operate independently of political influence.

“After careful consideration of the facts and circumstances of the case, including the available admissible evidence, it was decided that there should be no further action taken at this time.

“The Crown reserves the right to take proceedings in relation to this incident in the future.”

The abortion zones law was brought into force last September.

It was drawn up by Scottish Greens MSP Gillian Mackay, who said women seeking the procedure were subjected to “totally unacceptable abuse and obstruction” outside hospitals.

Within the buffer zones, it is a criminal offence to behave in ways that could influence the decisions of women and staff to access services.

Stopping women and staff from entering the clinics or otherwise causing alarm, harassment or distress is also an offence.

The law prevents any protests or vigils from taking place within 200m (650ft) of 30 clinics around the country.

Dr Greg Irwin, a doctor at the QEUH, was pictured confronting a group of protesters in February 2023.

At the time, he said that the anti-abortion activists were “bullying” women trying to access healthcare and “upsetting” staff at the hospital.

Dr Irwin described the protests as “an unbelievably cruel and unkind thing to do”.

US Vice-President JD Vance, who is currently visiting Scotland on a family holiday, criticised the buffer zones earlier this year.

He used the law as an example of Europe not protecting free speech enough and claimed people who live within safe access zones had been sent letters by the Scottish government warning them about praying within their homes.

A Scottish government spokesperson said it had not sent such letters, and that only “intentional or reckless behaviour” was covered by the act.