THE Crown Office and Procurator Fiscal Services (COPFS) has refused to release any documents relating to pro-Palestine protestors charged under terror laws, The National can reveal.
The prosecution service did confirm that 13 charges had been made under the Terror Act between January 2025 and August 22, but stated that this related only to the number of charges, as an “accused person may be reported for more than one charge”.
The National lodged a Freedom of Information (FOI) request with COPFS asking for any information or correspondence relating to those charged and any decisions to drop charges, but releasing the information was refused on confidentiality grounds.
The FOI also stated that the prosecution service would not divulge how many of those arrested had bail conditions imposed, and then subsequently quashed, as it may lead to “jigsaw identification”.
We previously told how Police Scotland refused to release the number of pro-Palestine protesters arrested and charged this year since the proscription came into force.
COPFS confirmed 13 charges in response to our FOI after a keyword search of the words “Palestine” and “Palestinian”. The prosecution service said they did not hold information on how many arrests were made of those wearing T-shirts in support of Palestine Action, and directed us to Police Scotland.
COPFS would not reveal how many of those charged had bail conditions imposed and then lifted, or how many had court dates cancelled, appearances postponed, or charges dropped.
Previously, we revealed that prosecutors had cancelled court dates of protesters who were charged under terror laws for allegedly expressing support for Palestine Action.
While letters seen by The National revealed that COPFS had dropped bail conditions for certain protesters, a final decision on “whether criminal proceedings are appropriate has not yet been taken”.
However, the Crown Office refused to release any information relating to this through our Freedom of Information request. “Information relating to specific court proceedings is exempt under Section 38(1)(b),” the response said.
“This is because the information relates to personal data of third-party individuals. I consider that due to the number or charges reported, coupled with information already in the public domain, jigsaw identification of individuals is likely.
"As COPFS process relevant data under Part 3 of the Data Protection Act 2018, this is an absolute exemption and not subject to the public interest.”
The prosecution service also refused to release any correspondence relating to the charges or any decisions to move forward or stop prosecutions. COPFS said that correspondence relating to specific individuals is exempt because the service “has a duty to conduct to ascertain whether a person should be prosecuted for an Offence”.
As the exemption is not “absolute”, COPFS argued that our request did not qualify as in the public interest. “I consider that there is a strong public interest in maintaining the confidentiality of information received by the Procurator Fiscal in connection with allegations of criminality,” the response said.
“This is both during criminal proceedings and after they have concluded. There is a clear public interest in maintaining the confidentiality of this information. Disclosure of this information to a third party would undermine the basis on which individuals, including victims and witnesses, contribute to the criminal justice process.”
Our request was refused as the information is “intrinsically linked to the personal data of third-party individuals”.
It comes after the Lord Advocate was urged to drop all charges against those arrested for peacefully protesting in support of Palestine Action by Amnesty International.
Former first minister Humza Yousaf also urged Dorothy Bain to take a “principled” stand and not pursue charges against pro-Palestine protesters in the courts.
Palestine Action was made a proscribed organisation by the UK Government in July 2025, meaning membership or support for the organisation is now a criminal offence punishable by up to 14 years in prison.
And the Scottish Human Rights Commission chair, Professor Angela O’Hagan, wrote to Bain and Police Scotland Chief Constable Jo Farrell, raising concerns that the force’s handling of Palestine protests risked breaching the right to free expression and freedom of assembly.
Scottish legal cases involving the proscription of Palestine Action, Bain said, would be dealt with by a “specialist” overseen by senior staff.
The FOI response directed us to this response to O’Hagan, where Bain said the “prosecutor will carefully examine whether there is sufficient evidence and determine what action, if any, should be taken in the public interest”.
