Explanatory Notes

Abortion Services (Safe Access Zones) (Scotland) Act 2024

2024 asp 10

22 July 2024

The Act

Offences relating to safe access zones

Section 4: Offence of influencing, preventing access or causing harassment etc. in safe access zone

14.This section makes it an offence for a person who is in a safe access zone to act in a certain way towards a person who is also in the safe access zone for the purpose of accessing, providing or facilitating the provision of abortion services at a protected premises:

15.Examples of acts that may constitute an offence include holding up signs with anti-abortion messages, physically blocking the entrances to protected premises, and protesting. However, these actions would need to be carried out with an intention listed above (or carried out recklessly).

16.In certain circumstances, the accused and the affected person do not need to be in the safe access zone at the same time. Subsection (2) provides that where a person does an act that has a continuing effect, it does not matter if the other person affected was not in the safe access zone at the time the act was carried out. For example, a person who chains the doors of a protected premises shut in the middle of the night could commit an offence if it impedes another person’s ability to access the protected premises the next morning.

17.A person who commits an offence is liable to (on summary conviction) a fine not exceeding the statutory maximum (being £10,000 on the date of introduction of the Bill for the Act), or (on conviction on indictment) to an unlimited fine.