Grandmother’s victory after arrest over authoritarian “buffer zone” law in Scotland

In 2025, Glaswegian grandmother Rose Docherty was arrested outside Queen Elizabeth University Hospital in Glasgow for holding a sign that read “Coercion is a crime, here to talk, only if you want” within the bounds of the hospital's so-called ‘buffer zone’. Despite the fact that Mrs Docherty was completely silent while holding the sign, not approaching anybody, she was nevertheless the first person to be criminally charged under Scotland’s 2024 ‘buffer zone’ law. 

The controversial law prohibits the “influencing” of anyone seeking to access “abortion services” and is enforced within 200 metres of every hospital. A similar “Safe Access Zone” bill was passed in Ireland in October 2024, making it illegal for anyone to approach a space within 100 metres of any premises providing abortions in Ireland with the intent to “influence a person’s decision” relating to abortion.

The recent ruling regarding Mrs Docherty followed a hearing on April 20th, in which it was argued that Mrs Docherty’s right to freedom of expression under Article 10 of the Human Rights Act 1998 was being violated. The arrest in question was the second time for Mrs Docherty, who had previously been peacefully offering consensual conversation in a “buffer zone” in February 2025 when she was subsequently arrested. No prosecution followed, with the Scottish authorities dropping their case against Docherty following a global outcry, including concerns raised in a post on X by the U.S. State Department.

More recently, the US State Department described the latest arrest as “another egregious example of the tyrannical suppression of free speech happening across Europe”, with the Scottish Catholic Bishops’ Conference drawing attention to the flimsy predication of the law, stating that the “vague description [of the law] should trouble anyone who values legal clarity or free expression”. 

..another egregious example of the tyrannical suppression of free speech happening across Europe

Regarding the hearing on April 28th, the legal advocacy organisation ADF International, echoed the sentiments above with the following analysis of the case:

“Mrs Docherty’s counsel noted that the charge against her was insufficiently clear and was not “prescribed by law”, since it failed to state or identify another person in the “buffer zone” that was present for the purpose of accessing, providing or facilitating the provision of abortion services, as is required by the law.

During the hearing on April 20, the Crown admitted that the presence of another individual within the zone who was accessing, providing or facilitating the provision of abortion services was an essential ingredient of the offence and, remarkably, conceded that they were still making enquiries as to how many people, if any, were influenced by Rose’s conduct within the zone.

Questioned by Sheriff Reid whether there was “any evidential basis to advance” a charge on the basis that Rose had influenced a person within the zone, the Procurator Fiscal responded, “not at the moment, but that might emerge after our further enquiries”.

Sheriff Reid concluded yesterday that the Procurator Fiscal had “failed to disclose an offence known to the law of Scotland” and dismissed the case pro loco et tempore, meaning the matter can be brought back should prosecutors bring improved evidence and decide that a prosecution continues to be in the public interest.”

In response to the ruling, Mrs Docherty commented:

“This verdict is a major victory for free speech in Scotland and the UK. It shows that peacefully offering consensual conversation on a public street, which is all I have ever done, can never be a crime.

Mrs Docherty also noted how the entire ordeal “should never happen in a free society”, drawing attention to the seven months of criminal proceedings she faced, describing them as a “form of punishment”. 

“My case shows how ‘buffer zones’ are used by authorities to impose censorship. ‘Buffer zone’ legislation must be repealed in Scotland and across the UK to ensure it is not misused to target peaceful and lawful expression again in the future, as has now happened to me twice.”

Comment: The double arrest and legal ordeal of Rose Docherty should serve as a warning to the Irish government and particularly the politicians who so eagerly pushed the 2024 “Safe Access Zone” Bill. Any politician or legal expert worth their salt should be standing against this censorial and authoritarian law in Ireland. 

While the most serious and pressing threat is the attempt at preventing honest people with the best of intentions from helping any abortion-minded woman, the underlying threat to freedom of expression should ideally rally people together regardless of where they stand on the issue. It is in this union, one would hope, that opposing voices would finally recognise the never-ending barrage of attacks on the unborn, emerging all the time from more and more sinister avenues. The message is clear: the government’s push for abortion will always come out on top, destroying anything in its path, including something so fundamental and paramount as one’s right to express themselves freely and peacefully.  

For the full story as reported by ADF International, click here. All photo credit to ADF International.