On Monday, at Glasgow Sheriff Court, a judge dismissed criminal charges against Rose Docherty, a 75-year-old grandmother who was arrested for peacefully offering consensual conversation within a “buffer zone.” This marks a significant victory for freedom of expression.
Rose was the first person to be criminally charged under Scotland’s 2024 “buffer zone” law after standing near Queen Elizabeth University Hospital in Glasgow with a sign that read: “Coercion is a crime, here to talk, only if you want.”
She did not approach anyone, did not speak about abortion, did not engage in any behaviour that was obstructing, harassing or intimidating, and was not protesting.
At a hearing earlier on 20 April, Rose’s legal team, coordinated by us, argued that the charges against her violated her right to freedom of expression. They also argued the charges were insufficiently clear and not “prescribed by law,” since they 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 20 April, 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 on Monday 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.
While this outcome is a clear legal victory, it does not erase what Rose endured. She was arrested, handcuffed, detained in a police cell, and subjected to seven months of criminal proceedings simply for offering a peaceful, consensual conversation. As Rose herself said, the process became a form of punishment.
This case has also highlighted serious concerns about how “buffer zone” laws are being applied. It has exposed the risk that such legislation can be used in ways that restrict peaceful and lawful expression. This case has also highlighted serious concerns about “buffer zone” laws. It has exposed the ways these laws restrict peaceful and lawful expression.
In response to the ruling, Rose said: “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.”
She also expressed her deep gratitude: “Thank you all for your support and prayers, thank you to ADF UK and my entire legal team, who were brilliant. Nobody should be criminalised for consensual conversations, and I’m glad that that truth has been vindicated here today.”
We echo her thanks. The support and generosity of people like you have made a real difference. It has helped ensure that this case was defended robustly and that fundamental freedoms were upheld.
While this is an important step forward, the broader issues raised by this case remain. We will continue working to ensure that laws are applied fairly and that peaceful expression is protected for all. Will you help us? | 
