Buffer zones outside abortion clinics come into force across England and Wales
31 October 2024, 06:05 | Updated: 31 October 2024, 06:28
Rules designed to protect women using abortion clinics have come into force in England and Wales.
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Similar rules are already in place in Scotland and Northern Ireland.
Abortion clinics are regularly targeted by pro life campaigners - who hold signs, display images of foetuses, and hand out leaflets to women come to use the service.
But from today, 150m buffer zones will be put in place around every clinic.
Safe access zones, covering a 150-metre radius, are part of the Public Order Act which was passed 18 months ago.
Under section 9 of the Act, it is an offence for someone to, within this area, do anything that intentionally or recklessly influences someone's decision to use abortion services, obstructs them, or causes harassment, alarm or distress to someone using or working at the premises.
Instances will be dealt with on a case-by-case basis, with police and prosecutors deciding around the intent or recklessness of the person involved.
Silent prayer will not be automatically banned in new protected zones.
Pro-choice campaigners had called for a total ban on silent prayer within the zones, arguing a woman using a clinic can feel intimidated by the presence of someone standing in the area praying, even if they are not speaking.
But opponents of the new law have repeatedly insisted not allowing silent prayer is a "gross intrusion in the right of freedom of religion, free speech", with the Society for the Protection of Unborn Children (SPUC) indicating they could seek legal action, saying any inclusion of silent prayer "needs to be properly tested in the courts".
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Crown Prosecution Service (CPS) guidance states that a person carrying out activities within a zone such as silent prayer "will not necessarily commit a criminal offence".
It adds: "Prosecutors will need to consider not only all the facts and circumstances of the particular conduct but also the context in which the conduct takes place."
The Home Office said the CPS guidance "will ensure there is clarity and consistency across the country".
The department listed silent prayer as being among examples of behaviour which could amount to an offence, alongside holding vigils and handing out anti-abortion leaflets.
The person suspected of an offence does not have to know or believe they are in a safe access zone, the guidance states.
It is understood local police forces will work with clinics to decide whether signage marking out the zones would be helpful or not. It is not a requirement under the new law.
Anyone convicted faces an unlimited fine.
A National Police Chiefs' Council (NPCC) spokesperson said police forces "will act appropriately to protect those accessing abortion clinics".
The spokesperson said: "Each event or protest will be assessed on its own unique circumstances - all groups or causes are treated impartially and in accordance with the law.
"Our priority remains protecting the public and keeping people safe."
'This stops today'
Safeguarding minister Jess Phillips said: "Getting this measure up and running as soon as possible has been one of our priorities and I am proud of everyone involved in getting us here.
"The idea that any woman is made to feel unsafe or harassed for accessing health services, including abortion clinics is sickening.
"This stops today."
Louise McCudden, UK head of external affairs at MSI Reproductive Choices, said while it is "right that the police use their judgment and consider incidents on a case-by-case basis", she "would expect most examples of what anti-abortion groups call 'silent prayer' to be moved along by the police".
She added: "It's difficult to see how anyone choosing to perform their prayers right outside an abortion clinic could argue they aren't attempting to influence people - and there are countless testimonies from women who say this makes them feel distressed."
In March 2023 MPs rejected attempts to allow silent prayer in the zones, voting down an amendment from a group of Tory and DUP MPs aimed at ensuring no offence is committed if a person is "engaged in consensual communication or in silent prayer" outside the clinics or hospitals offering abortion services.
Bishop John Sherrington, of the Catholic Bishops' Conference of England and Wales, said the Government had "taken an unnecessary and disproportionate step backwards in the protection of religious and civic freedoms in England and Wales" in bringing in the new law.
He said: "Religious freedom includes the right to manifest one's private beliefs in public through witness, prayer and charitable outreach, including outside abortion facilities."
It is not expected there will be a police presence in place on Thursday outside clinics, with staff instead continuing to follow the usual practice of calling officers if there is a problem.
Legislation creating buffer zones around abortion clinics in Scotland came into force in September while they have been in place in Northern Ireland for a year.
