Scotland’s Crown Office has declined to appeal the acquittal of a 75-year-old Catholic grandmother who offered to speak with people inside an abortion "buffer zone".
Prosecutors had until May 5 to challenge the ruling involving Glasgow pensioner Rose Docherty, but allowed the deadline to pass without taking action.
Mrs Docherty was cleared on April 27 at Glasgow Sheriff Court after two charges accusing her of "influencing" people within an abortion buffer zone were dismissed.
The case marked the first successful defence against the UK’s national buffer zone legislation surrounding abortion facilities.
ADF International, which backed Mrs Docherty’s legal defence, said the Crown Office’s decision reinforced last month’s ruling in favour of free speech.
The grandmother was arrested in September last year near Glasgow’s Queen Elizabeth University Hospital while holding a sign reading: "Coercion is a crime, here to talk, only if you want."
According to her legal team, Mrs Docherty did not approach anyone or discuss abortion during the incident.
They argued she was not protesting or behaving in a manner that was obstructive, harassing or intimidating.
Prosecutors had until May 5 to challenge the ruling involving Glasgow pensioner Rose Docherty
|ADF INTERNATIONAL
During her detention, Mrs Docherty was allegedly denied a chair despite informing officers she had undergone a double hip replacement.
It was the second time she had been arrested under the legislation after first being detained in February 2025, though prosecutors later dropped that case.
Sheriff Reid ruled the prosecution breached Mrs Docherty’s Article 10 rights under the European Convention on Human Rights protecting freedom of expression.
The sheriff found the charges were not "prescribed by law" because prosecutors failed to identify any individual who had been influenced within the buffer zone while accessing abortion services.
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The grandmother was arrested in September last year after holding a sign near Queen Elizabeth University Hospital
|ADF INTERNATIONAL
Sheriff Reid concluded the Procurator Fiscal had "failed to disclose an offence known to the law of Scotland".
The case was dismissed pro loco et tempore, meaning prosecutors could theoretically revive proceedings if further evidence emerged.
Mrs Docherty welcomed the decision, saying: "I am very pleased with this development, which reinforces that offering consensual conversation is not a crime on any public street in Scotland regardless of whether or not that street is in a 'buffer zone'."
She added: "Peaceful expression, which is protected by national and international law, can never be a crime.
Jeremiah Igunnubole hailed the outcome as 'a victory for freedom of expression in Scotland and across the UK'
|ADF INTERNATIONAL
"The authorities should learn from their failed attempts to censor me - a 75-year-old Christian grandmother, who has always lived in Glasgow."
Mrs Docherty said she was now considering legal action against Police Scotland.
"I am now consulting with my legal team and considering what actions are necessary, including legal action, to ensure the authorities are not able to repeatedly arrest, imprison and prosecute me for peacefully exercising my right to free speech," she said.
Jeremiah Igunnubole, legal counsel for ADF International, hailed the outcome as "a victory for freedom of expression in Scotland and across the UK".
He said: "Although Rose has been vindicated, she should never have been arrested.
"The process has become the punishment, with a deeply concerning chilling effect on free speech more broadly."
The case drew international attention, with the US State Department previously describing Mrs Docherty’s arrest as "another egregious example of the tyrannical suppression of free speech happening across Europe".
Vice President JD Vance also referenced Scotland’s buffer zone laws during a speech at the Munich Security Conference last year.
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