Police Scotland: ‘No censorship zone prosecutions when abortion centres are closed’

Pro-lifers will not be prosecuted for carrying out activities outside closed abortion centres, Police Scotland has confirmed.

Under the Abortion Services (Safe Access Zones) (Scotland) Act people risk an unlimited fine for handing out pro-life literature within 200m of a centre, speaking to anyone about abortion, or praying silently.

But in relation to a recent incident, Police Scotland said it had been advised that “if the premises are closed then the threshold for a breach of the legislation was not met”.

‘No lawful basis’

In an email exchange between an MSP and a Police Scotland inspector, the officer said the Crown Office “would not prosecute any breach of legislation when the premises were closed”.

The inspector explained that “enforcement would have no lawful basis” when centres are closed as “there is no prospect of service users/providers being influenced/alarmed and/or harassed/prevented from accessing service by any protesters’ action”.

A spokeswoman for the Crown Office said: “We have been working closely with Police Scotland to ensure the new legislation is applied appropriately to every unique incident. The approach to enforcement is a decision for Police Scotland.”

Police matter

Architect of the legislation Gillian Mackay MSP expressed disappointment at Police Scotland’s intervention, and said she had intended the law to “apply all day, every day”.

But a Scottish Government spokeswoman said: “For any particular activity to be an offence, it must, for example, be capable of influencing someone’s decision to access or provide abortion services or impede someone’s access to such services.

“An act carried out which has an impact within the zone when a clinic is closed, but which could continue to have that impact once services are open, could give rise to an offence.

“However, this will always be a matter for enforcement agencies and will depend on all the facts and circumstances of the case.”

Unpopular

Earlier this year, Mackay confirmed that the law, which came into effect in September, can ban residents from praying inside their own homes.

Speaking on BBC Scotcast, the Scottish Green MSP initially attempted to deny that the measures could affect private dwellings situated within 200-metres of an abortion centre.

But she later admitted that praying could be illegal, depending on “who is passing the window”, and whether someone was praying in a manner that could “be seen from outside their own house”.

The interview followed public criticism of a letter delivered to people living within a censorship zone in Edinburgh, informing them of the new restrictions.