Abortion: What are safe access zones and is silent prayer banned?

So-called buffer zones outside abortion clinics across England and Wales are now in place.

Silent prayer, which has been a point of contention, is not an automatic offence but people doing this within the zones could be liable for prosecution, according to new guidance.

Here, ITV News explains what the new zones are and what enforcement measures will be in place.

What is a buffer zone?

Known as “safe access zones” in the legislation, these are areas within 150 metres of a clinic or hospital providing abortion services.

Under the Public Order Act 2023, 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.

Anyone found guilty of such an offence will face an unlimited fine.

Where does this apply?

England and Wales.

Legislation creating buffer zones around abortion clinics in Scotland, banning any protests or vigils there, came into force last month.

In Northern Ireland, safe access zones at health service locations which offer abortion and birth control services have been in place since September 2023.

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Weren’t buffer zones already in place in England and Wales?

A similar measure has been in effect outside some clinics but these have been enacted by councils, rather than being national legislation.

Known as public spaces protection orders (PSPOs), the first in the UK was enacted by Ealing Council in west London in April 2018, outside the MSI Reproductive Choices Clinic in Mattock Lane.

Campaigners had long made the case for the need for national legislation, arguing that PSPOs depend on local councils’ willingness, are timebound, can be expensive and result in a postcode lottery.

As it is the Public Order Act 2023, why have the zones only come into effect from October 31, 2024?

The Bill – which on the whole is aimed at curbing guerrilla protest tactics used by groups such as Just Stop Oil and Extinction Rebellion – received royal assent on May 2, 2023, becoming law.

But in December the then-Conservative government launched a consultation into non-statutory guidance around the enforcement of the safe access zones.

That guidance suggested prayer within such a zone “should not automatically be seen as unlawful”, and that silent prayer “is protected as an absolute right under the Human Rights Act 1998”.

Why has silent prayer has been a sticking point?

Pro-choice campaigners argued that the draft guidance did not reflect the debate in Parliament.

MPs had in March 2023 rejected attempts to allow silent prayer in the zones.

A group of Tory and DUP MPs had tabled an amendment aimed at ensuring no offence is committed if a person is “engaged in consensual communication or in silent prayer” outside clinics or hospitals offering abortion services.

They argued that this section of the Bill was “leading us into the territory of thought crimes”, while one MP described it as “dystopian”.

But, in a free vote, the proposal was rejected by 116 votes to 299 - a majority of 183.

What is the new guidance?

The Crown Prosecution Service (CPS) has published guidance to prosecutors stating there is no defence on religious or ethical grounds to people seeking to influence, obstruct or cause harassment to others within safe access zones.

The guidance refers to a 2022 Supreme Court ruling regarding safe access zones in Northern Ireland, where the court considered silent prayer to be among the acts which “were capable of falling within the scope of the statutory provision”.

It states that “a person who carries out any of these activities within a safe access zone will not necessarily commit a criminal offence”.

“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.”

In considering cases, it states that prosecutors should clearly identify “the overt act that gives rise to the offence” and evidence “from which the requisite intent or recklessness can be inferred”.

The College of Policing has published what it described as a “brief” for officers on Section 9 of the Act, which deals with safe access zones.

It states: “All decisions must be made on a case-by-case basis and must be balanced and proportionate to the circumstances.”

The Home Office said the guidance will “ensure there is clarity and consistency with the enforcement of the new offence”.

Are the zones being marked out in some way?

There is no requirement within the legislation for the zones to be marked out.

The person suspected of an offence does not have to know or believe they are in a safe access zone, the CPS 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.

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