Pro-life grandmother Rose Docherty considering legal options to stop future prosecution

Scottish grandmother Rose Docherty has welcomed the news that the Crown Office is not going to be appealing the choice to clear her of charges referring to a supposed breach of an abortion clinic “buffer zone”.

Under Scotland’s buffer zone law, “influencing” an individual searching for an abortion isn’t permitted inside 200 metres of an abortion providing facility.

Docherty was arrested last yr for silently standing in such a zone while holding an indication that read ‘Coercion is a criminal offense, here to speak, only for those who 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 choice, something they declined to do.

While welcoming the choice, Docherty and her supporters have responded cautiously, perhaps because of this 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 nonetheless took the political decision to appeal the decision, dragging the case out in total for seven years and eventually resulting in 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 think about “all options to stop the reoccurrence of her arrest and treatment, including legal motion against the police”.

The group noted that while Docherty was acquitted, it was actually her second arrest under Scotland’s buffer zone law. Following her first arrest, Scottish authorities decided to not prosecute.

Docherty said, “I’m very happy with this development, which reinforces that offering consensual conversation isn’t a criminal offense on any public street in Scotland – no matter whether or not that street is in a ‘buffer zone’.

“Today, there may be sadly an epidemic of loneliness and other people experience coercion day by day. An offer to talk, which might be freely accepted or refused by any person, could really help someone and may never be criminalised.”

Docherty called for an end to buffer zone laws across the United Kingdom, saying that they were getting used to “censor peaceful expression”. She added that she and her legal team were on the lookout for ways to be certain that she doesn’t face repeated arrest in the longer term 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 to not 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 change into the punishment, with a deeply concerning chilling effect on free speech more broadly.”