A Catholic woman was arrested and searched for 'praying silently' near an abortion facility. Isabel Vaughan-Spruce was seen being detained by three police officers after saying that she “might be” praying inside her head inside a censorship zone surrounding the clinic.
She maintained the facility was closed during the time she was there and she was not protesting - something which would not be allowed under the strict rules of censorship zones. Now she, along with a priest - Father Sean Gough - who was charged for praying within the same censorship zone in Birmingham, have today been cleared at Birmingham Magistrates Court.
The area surrounding the facility nearby which the two prayed has been covered by a local Public Spaces Protection Order (PSPO), in force since November. This prohibits prayer, distributing information about pregnancy help services, and other activities considered to constitute “protest”.
Ms Vaughan-Spruce, a volunteer, who has supported women in crisis pregnancies for more than 20 years, was charged with “protesting and engaging in an act that is intimidating to service users”. Speaking after the ruling on Thursday she said: “I’m glad I’ve been vindicated of any wrongdoing. But I should never have been arrested for my thoughts and treated like a criminal simply for silently praying on a public street.
“When it comes to censorship zones, peaceful prayer and attempts to offer help to women in crisis pregnancies are now being described as either 'criminal' or 'anti-social'. But what is profoundly anti-social are the steps now being taken to censor freedom of speech, freedom to offer help, freedom to pray and even freedom to think. We must stand firm against this and ensure that these most fundamental freedoms are protected, and that all our laws reflect this.”
Father Sean Gough was charged for praying within the same censorship zone in Birmingham. He remained silent, but held a sign reading “praying for free speech”. A further charge related to parking his car, which for some time had a "small" bumper sticker which said “unborn lives matter”, within the same area.
He was charged with “intimidating service-users” of the abortion facility, which he said was while the abortion facility was closed.
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Prosecutor Ekene Pruce told the hearing at Birmingham Magistrates’ Court that the CPS had dropped four charges of failing to comply with a PSPO brought against Fr Gough and charity volunteer Ms Vaughan-Spruce. The withdrawn charges related to dates in October, November and December last year.
During brief separate hearings on Thursday, Ms Pruce said both cases had been judged not to meet the “full code test” for prosecutors – which assesses whether prosecutions are in the public interest and if there is sufficient evidence to provide a realistic prospect of conviction. Asked by District Judge David Wain why the full code test had not been met, Ms Pruce replied: “I would not be able to comment on that.”
Ms Vaughan-Spruce, from Malvern, Worcestershire, and Fr Gough, of the St Peter and St Paul Catholic Church in Wolverhampton, were both accused of “protesting and engaging in an act that is intimidating to service users” of a Birmingham clinic.
Reacting outside court after prosecutors offered no evidence and the charges were dropped, Fr Gough said: “Everyone has the right to pray in their mind. I’m pleased that I’ve been cleared of all the charges today and have cleared my name.
“It’s wrong for authorities to censor parts of the street from prayer – even silent prayer – and from peacefully having conversations and sharing information that could be of great help to women who want an alternative choice to abortion. I was charged for praying for freedom of speech and for an old bumper sticker on my car that read ‘unborn lives matter’.
“I stand by my convictions – unborn lives do matter. Whatever your views are on abortion, we should be able to agree that in a democratic country we should not be in the business of prosecuting thought crimes.”
After thanking around 20 people who attended court to support him, Fr Gough added: “If the government imposes censorship zones around every abortion facility in the country, as they are considering doing with the Public Order Bill currently under discussion, who knows how many more people are going to stand trial, how many people are going to be put in prison for offering help, for praying in their mind?
“I call on the government to look into the overwhelmingly positive work that the vast majority of pro-life groups do to support vulnerable women at their point of need, before censoring the streets of the UK and allowing good people to be criminalised for acts of love.”
The two defendants were supported by ADF UK, a charity committed to protecting and promoting fundamental freedoms. Reflecting upon the verdict in light of a parliamentary debate set to consider rolling out the zones across the country, Jeremiah Igunnubole, legal counsel for ADF UK said: "Today’s court case is of great cultural significance.
"This isn’t 1984, but 2023 – nobody should be criminalised for their thoughts, for their prayers, for peaceful expression on a public street. It’s a great moment to celebrate the vindication of Father Sean and Isabel. But our parliament is considering rolling out censorial legislation, which could lead to more situations where people’s thoughts are on trial. Let’s be clear – if Isabel or Fr Sean had been stood in the same spot thinking different thoughts, they likely wouldn’t have been arrested.
"We all stand firmly against harassment on public streets. Harassment is already illegal. A government review in 2018 found that harassment near abortion facilities is rare, and peaceful prayer and offers of charitable help were the most common activities there. The government concluded at that point that censorship zones would be disproportionate. No further reviews have since been conducted. What has now changed?
"This is the kind of peaceful activity that Father Sean and Isabel were engaging in – simply praying, without judging or condemning – simply praying. Their many years of support for women in crisis pregnancy, and support for women who have been negatively impacted by abortion, testify to their good character.
"It’s great that they have found justice, although with such gruelling legal battles, the process is often the punishment. Their case may have closed today, but it should be marked in this conversation as a cautionary tale. In the UK, freedom of thought, prayer, offers of help, and peaceful conversation are not illegal and we call on Parliament to reject the creation of more censorship zones through vaguely worded public order legislation.”
