Free speech win: Judge dismisses criminal charges against Rose, following arrest for offering consensual conversation

On 19 February 2025, Rose, who has always lived in Glasgow, made herself available for a conversation with anyone who wanted to engage within 200m of Glasgow’s Queen Elizabeth Hospital. 

A censorial “buffer zone” is enforced around the hospital, preventing anyone from engaging in harassment, obstruction or influencing someone’s decision to access, provide or facilitate abortion.  

Rose, however, did not engage in any forbidden activities, but instead made herself available for anyone who wanted to speak – holding a sign reading: “Coercion is a crime, here to talk, only if you want.”   

Nevertheless, police showed up and arrested Rose, alleging that she had been in breach of the “buffer zone”. Watch footage of the arrest here. 

The Domestic Abuse (Scotland) Act 2018 made “coercive control” illegal, recognising the profoundly harmful effects it can have on individuals and society. Over 6,640 charges related to this behaviour have been reported to the Crown Office between April 2019 and 2023. 14% of women have experienced coercion when it comes to abortion – about 1 in 7.     

Authorities issue a warning 

ADF International supported Rose, who after her arrest received a warning sent to her in a letter from the Procurator Fiscal, which required her to accept her actions were unlawful. 

The letter from the Procurator Fiscal read:  

“…the evidence is sufficient in law to justify my bringing you before the Court.  

“I have decided, however, in all the circumstances of the present case, not to bring proceedings.  

“You should note that if a similar report against you is submitted to me in future, and there is sufficient evidence in law to justify my bringing you before the Court, you may be prosecuted.  

“If you accept this warning or are deemed to have accepted it, I shall not prosecute you for the above offences.”  

The letter also explained that the warning issued to Rose would be disclosable on her record via the Scottish Criminal History System for two years. 

Rejecting the censorial warning 

Rose informed the Procurator Fiscal that she would not be able to accept the terms of the warning, given that her actions did not amount to harassment, intimidation or “influence”, and rather are protected by her fundamental rights to speech.  

“I cannot pretend that what I did was unlawful – I merely offered a chat, particularly in the context of anyone experiencing coercion of any kind  – an issue firmly on my heart.   

“This is why I reject the warning I was issued by Scottish authorities, with support from ADF International. It isn’t right to deprive anyone of the right to take up my offer to talk – or to restrict me unfairly from carrying out this peaceful, compassionate action.”  

Reacting to the letter sent by the Procurator Fiscal, Lorcán Price, Irish barrister and Legal Counsel for ADF International, said: “The warning issued by the Scottish authorities in effect demands Rose accept culpability for criminal behaviour. This Christian grandmother stood peacefully, alone, making herself available for a discussion with anyone who wished to speak to her. How can this possibly be outlawed in our society?” 

Procurator Fiscal decides not to proceed with prosecution

Refusing to compromise her conscience by admitting to an offence she did not commit, Rose  – supported by the legal team at ADF International – rejected the warning outright.

In August 2025, the Procurator Fiscal confirmed the case had been dropped and the warning withdrawn. 

US State Department voices concern 

The Bureau of Democracy, Human Rights, & Labor (DRL), a bureau within the United States Department of State, issued a statement on Rose’ arrest. 

DRL said: “Police in Scotland arrested a woman holding a sign offering to talk to people in a restricted ‘buffer zone.’ Freedom of expression needs to be protected.  We call on governments, whether in Scotland or around the world, to respect freedom of expression for all.” 

Second arrest

Rose was arrested and charged with “influencing”, in breach of the “buffer zone” around the Queen Elizabeth Hospital, on 24 September 2025, despite the fact that she had only stood silently offering consensual conversation and did not approach any individual. She was the first person to be charged under Scotland’s national “buffer zone” law.

After her arrest, Rose was held in custody for several hours. She was refused a chair to sit on in her cell, despite making it known that she had a double hip replacement.

After Rose’s second arrest, the U.S. State Department told the Telegraph: 

“The arrest of Rose Docherty is another egregious example of the tyrannical suppression of free speech happening across Europe. 

“When 75-year-old grandmothers are being arrested for standing peacefully and offering conversation, common sense and basic civility are under attack. 

“The United States will always speak out against these violations of fundamental rights.” 

Rose cleared in free speech win:

On 26 April 2026, Rose Docherty was cleared in a significant free speech win at Glasgow Sheriff Court. This was first free speech win under a national “buffer zone” law in the UK.

Sheriff Stuart Reid dismissed the charges against Rose, accepting that they violated her right to free speech, and noting that the Procurator Fiscal had “failed to disclose an offence known to the law of Scotland”.

The judge ruled that the charge was not “prescribed by law”, since it failed to identify another person in the zone who was criminally influenced by Rose’s behaviour, which is an essential ingredient of the offence. ADF International supported Rose’s legal defence.

Sherriff Reid 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.

US VP Vance calls out draconian buffer zones

In his Munich Security Conference speech in February 2025, Vice President JD Vance called out Scotland’s draconian abortion facility “buffer zones”. 

In 2024, the Scottish government sent a letter to residents whose houses were in a “buffer zone”, saying: “Activities in a private place (such as a house) within the area between the protected premises and the boundary of a Zone could be an offence if they can be seen or heard within the Zone and are done intentionally or recklessly.” 

In an interview following Vice President Vance’s comments, Green Party MSP Gillian Mackay, who authored the Scottish “buffer zone” law, admitted that in her view prayer in a private home within a “buffer zone” could be a crime depending “on who’s passing by the window”.