ABORTION buffer zones can be enforced when clinics are closed, police have said.
It comes after reports suggesting the contrary.
The PA news agency reported on Monday on an email passed onto them by a third party between a police inspector in Glasgow and an MSP in which the officer says legal advice from Police Scotland lawyers and the Crown Office concluded the legislation cannot be enforced when clinics are not operating.
The exchange was reportedly sparked after the MSP sought clarity about a protest held outside the Sandyford Clinic in Glasgow by the Scottish Family Party on April 12, which was closed due to it being a Saturday, telling police constituents had been “understandably distressed” by the protest.
Responding, the inspector referenced a similar incident in March at a clinic in Edinburgh, where advice had been sought and officers told the ban could not be enforced and the Crown would not prosecute if the facility was not open.
But Police Scotland have now told The National that the legislation is enforceable at all times.
“The Safe Access Zone legislation is in place at all times, therefore enforcement is always an option available to officers,” A Police Scotland spokesperson said.
“In responding to complaints, we will always assess each situation to establish whether the threshold of criminality has been met.”
The National understands that whether the threshold of criminality has been met depends on a number of factors, with the clinic being closed potentially impacting but not necessarily.
For example, the legislation could still be enforceable after a clinic is closed but an employee is leaving after working late. Or, if a protester puts up posters outside the centre late at night but they are still there when service users or employees arrive at the clinic the next morning.
The spokesperson added: “Every incident is unique and officers will respond proportionately to reports of anyone breaching Safe Access Zone legislation by engaging with them, explaining the law and encouraging compliance before moving to enforcement if necessary.”
A Scottish Government spokesperson said: “Safe Access Zones are designed to safeguard a woman’s right to access healthcare and to dignity and respect when they need it most. It is incorrect to claim the zones are only enforceable or operational at any particular times of a day.
“An act carried out within the zone when a clinic is closed, and which could continue to have an impact once services are open, could give rise to an offence. However, to determine whether an offence has been committed will always be a matter for the law enforcement agencies and will depend on all the facts and circumstances of the case.”
