Campaigner Convicted of Breaching PSPO Outside Abortion Clinic
Public Law and Judicial Review, Local Government, Health and Social Care
Poole Magistrates Court has today found a defendant guilty of failing to comply with the requirements of a Public Spaces Protection Order (PSPO) which created a safe zone outside a healthcare facility on Bournemouth.
The defendant, Ms Livia Tossici-Bolt, had been present in the safe zone on two occasions whilst holding a sign which read “here to talk if you want”. District Judge (DJ) Austin, sitting at Poole Magistrates’ Court, found that the Council’s officers were entitled to form a belief that the defendant was in breach of the requirements of the PSPO and were entitled to ask her to leave the area.
The Defendant’s failure to leave when requested to do so was a breach of the PSPO. The DJ found that officers are not required to conduct a legal analysis at the moment of enforcement but must act on a reasonable interpretation of the facts before them. The DJ observed that the defendant lacked insight into the fact that her presence could have a detrimental impact upon women attending the clinic, their associates, the staff and members of the public.
The DJ found that although there was an interference with Article 10 of the European Convention on Human Rights, the interference was prescribed by law and necessary to achieve a legitimate aim, namely the protection of the rights of others. The defendant was convicted and ordered to pay £20,000 in costs.
The case has received widespread press national and international press coverage.
Kuljit Bhogal KC and Jack Barber acted for Bournemouth, Christchurch and Poole Council. Kuljit was involved in formulating the UK’s first safe zone outside a healthcare facility and is an expert on managing behaviour in public places.
Further information can be found on these links: The Telegraph, The Times, The Guardian, and BBC News.
