Rose Docherty: Prosecutors drop first Scottish buffer zone case against 75-year-old anti-abortion campaigner

Rose Docherty was arrested in February as she stood near to Glasgow’s Queen Elizabeth University Hospital holding a sign reading "Coercion is a crime, here to talk, only if you want".

The 75-year-old had allegedly breached the 200m buffer zone in place to protect women accessing reproductive healthcare including abortion.

The Abortion Services (Safe Access Zones) (Scotland) Act came into effect in September 2024, a month before the introduction of similar legislation in England and Wales.

Protestors can be fined up to £10,000 for breaching the zones.

Ms Docherty was accused of "influencing the decision of another person to access, provide or facilitate the provision of abortion services at the protected premises."

However, in a letter seen by LBC, the Procurator Fiscal, Scotland’s prosecuting body, told Ms Docherty that "on the basis of the current information available to me, I have decided to take no further action… at this time."

The letter added that there is an "obligation on the prosecutor to keep cases under review", meaning there is the potential that charges could be reintroduced at a later date.

In her first comments since the decision, she told the broadcaster: "This is a victory not just for me, but for everyone in Scotland who believes we should be free to hold a peaceful conversation.

"I stood with love and compassion, ready to listen to anyone who wanted to talk.

"Criminalising kindness has no place in a free society."

Ms Docherty has been supported by the ADF International group whose Legal Counsel Lorcán Price said: "Rose’s case is a stark example of how ‘buffer zone’ laws can be weaponised to silence peaceful expression.

"We are relieved that common sense has prevailed, but the fact that Rose was arrested and threatened with prosecution shows the urgent need to protect fundamental freedoms in Scotland."

Lois McLatchie Miller, Scottish spokeswoman for ADF International, added that the organisation had been concerned about the “slippery slope of censorship”.

She said: “Less than a year after the law coming into force, Gillian Mackay has admitted that it could impact silent prayer even in private homes, depending on who’s passing by the window. And what’s more, we’ve seen an innocent grandmother arrested just for offering conversation.

“Who are the authorities to determine which conversations, thoughts, or prayers members of the public do or don’t want to have?”

In a speech at the Munich Security Conference in February, Vice President Vance claimed that the Scottish Government had sent letters warning people against praying inside their own homes if they were within buffer zone areas.

Ministers responded denying that claim and stating that the new legislation had been "carefully drafted to capture only intentional or reckless behaviour close to a small number of premises providing abortion services".

Speaking yesterday, the Greens MSP Gillian Mackay, who drafted the law, stated: "JD Vance has made a career of spreading misinformation and sowing mistrust in order to gain power and influence. The Vice President’s absurd lies haven’t just been about eating cats and dogs in Ohio; he has lied about Scotland.

"Earlier this year, JD Vance made false claims on an international stage about Scotland’s buffer zones law, which prevents harassment and intimidation of patients outside abortion clinics, a bill proudly passed by the Scottish Greens.

"Now, whilst his extremist government is attacking LGBTQ+ and women’s rights, illegally arresting innocent civilians on the streets, arming Israel’s genocide in Gaza and wrecking our climate, he thinks that he can peacefully run away from it all to enjoy a holiday in our country.

"Let’s set this clear: the toxic misinformation of JD Vance is a threat to democracy and freedom around the world."

On the decision to drop Ms Docherty's case, a spokesman for the Crown Office and Procurator Fiscal Service said:

"The Procurator Fiscal received a report relating to a 75-year-old female and an incident said to have occurred on February 19, 2025.

"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 proceedings taken at this time.

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