The Procurator Fiscal in Scotland has decided to not prosecute a 75-year-old grandmother arrested earlier this 12 months for holding an indication that offered a listening ear to women visiting an abortion clinic.
The Alliance Defending Freedom International (ADF), which has been assisting Rose Docherty since her arrest, called it “a win for freedom of expression in Scotland”.
Docherty was arrested on 19 February as she stood peacefully inside an abortion clinic buffer zone near the Queen Elizabeth II Hospital in Glasgow.
Her sign read “Coercion is against the law, here to speak, only if you happen to want”.
The buffer zone across the hospital prohibits harassment, intimidation, or influencing decisions about abortion.
Docherty has at all times maintained that her presence within the buffer zone and the words on her sign didn’t contravene any of those restrictions.
Nonetheless she was arrested and later offered a proper warning in exchange for admitting to wrongdoing and promising to refrain from similar actions in the longer term.
Her arrest drew criticism on the time from the US State Department which said on social media: “Freedom of expression must be protected. We call on governments, whether in Scotland or world wide, to respect freedom of expression for all.”
Welcoming the news that she is going to not be prosecuted, Docherty said, “This is a victory not only for me, but for everybody in Scotland who believes we should always be free to carry a peaceful conversation.”
The authorities have also promised that her sign can be returned to her by Police Scotland.
She added, “I stood with love and compassion, able to hearken to anyone who desired to talk. Criminalising kindness has no place in a free society.”
Lorcan Price, legal counsel for ADF International, welcomed the event.
“No one should fear arrest for offering a consensual conversation. Rose’s case is a stark example of how ‘buffer zone’ laws may be weaponised to silence peaceful expression,” he said.
“We are relieved that common sense has prevailed, however the indisputable fact that Rose was arrested and threatened with prosecution shows the urgent must protect fundamental freedoms in Scotland.”
