Anti-abortion campaigner slams police for 'criminalising kindness' as prosecutors drop first buffer zone case

Grandmother Rose Docherty, 75, was arrested and led away in handcuffs in February having allegedly breached the 200m buffer zone surrounding Glasgow's Queen Elizabeth University Hospital.

She was holding a sign reading "Coercion is a crime, here to talk, only if you want".

Her case attracted significant criticism from the United States, with the country’s State Department publishing an excoriating social media post which called on the Scottish government to "respect freedom of expression" in response to her arrest.

Vice President JD Vance, who is currently visiting Scotland, has also frequently criticised abortion buffer zones, arguing they have "placed the basic liberties of religious Britons… in the crosshairs".

Rose Docherty became the first person arrested under the 'Abortion Services (Safe Access Zones) (Scotland) Act' which came into effect in September 2024, a month before the introduction of similar legislation in England and Wales.

Under the Act, protestors who come within 200m of clinics face fines of up to £10,000.

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, she has now been informed the case is being dropped.

In a letter shared exclusively with 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.

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Ms Docherty has also been informed the sign she was holding will be returned to her in due course by Police Scotland.

In her first comments since the decision, she told LBC: "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."

As well as previously criticising the handling of Ms Docherty’s case, the US State Department yesterday published a report which suggested the human rights situation in the UK has “worsened” over the last year.

The annual report identified “specific areas of concern” in relation to freedom of speech in Britain, including the introduction of buffer zones and the use of Public Spaces Protection Orders, which have been deployed by councils to prevent certain anti-social activities.

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."

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 spokesperson 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."

When Scotland's Safe Access Zone legislation came into force, Minister for Public Health and Women’s Health Jenni Minto said: "The introduction of Safe Access Zones is a crucial milestone in protecting women’s abortion rights – no one has the right to interfere in women’s personal medical decisions and the law now makes that abundantly clear.

"The new zones of 200 meters around all abortion services will help ensure women have safe access to healthcare – free from intimidation. This law is about protection for women at a time when many will feel incredibly vulnerable around taking a deeply personal and difficult decision."