11 May 2026

A Glasgow sheriff has deserted proceedings pro loco et tempore in the first prosecution raised in Scotland for a contravention of abortion buffer zone legislation after finding that the complaint failed to libel two necessary elements of the offence and in consequence constituted an unlawful interference with the accused’s rights under Article 10 ECHR.

Rose Docherty, aged 75, was charged under section 4 of the Abortion Services (Safe Access Zones) (Scotland) Act 2024 for allegedly displaying placards within a safe zone for the purpose of influencing the decision of persons to access, provide, and facilitate the provision of abortion services at the protected premises. Objection was taken by the accused to the relevancy of the charges in addition to a compatibility challenge per article 10 ECHR.

Continued; https://www.scottishlegal.com/articles/sheriff-deserts-first-abortion-buffer-zone-prosecution-after-finding-crown-failed-to-specify-all-elements-of-offence