A MAN who was issued a fine for silently praying outside a Bournemouth abortion clinic claims he has ‘won’ his stand off against the council.
Adam Smith-Connor stood outside the BPAS abortion clinic in Ophir Road on November 24 last year to pray in memory of ‘his son’ after 'paying for a partner to have an abortion more than 20 years prior'.
Mr Smith-Connor was approached by council-employed Community Safety Accredited Scheme officers who told him he was breaching a Public Spaces Protection Order (PSPO) and could be fined.
As reported, a buffer zone has been in place outside the clinic since October last year and was enforced by BCP Council through a PSPO which criminalises “protesting with respect to issues related to abortion services”.
This includes prayer or counselling.
Army veteran Mr Smith-Connor refused to pay the fine, arguing that authorities had no right to punish his thoughts.
He submitted to the council that the decision to ask him to leave the area and to fine him was “an interference with his absolute right to hold a religious belief”.
Mr Smith-Connor and faith-based legal advocacy organisation ADF UK now claim the council has backed away from pursuing a prosecution within a six-month time limit.
In response, Mr Smith-Connor said: “Nobody should be criminalised for what they believe – especially not when they express that belief silently, in the privacy of their own minds.
“I’m glad that, in my case, common-sense policing won the day. However, it’s not right that I had to wait anxiously for a full six months for the authorities to determine my fate. The process, in essence, became my punishment.”
However, Mr Smith-Connor’s celebration may be premature.
Section 127 of the Magistrates' Court Act 1980 enforces a time limit of six months from the time an offence is committed for the information to be 'laid on the court'.
Summons must be filled with the court for approval within the six month period, but this does not mean the matter must be heard by the court within that time.
It is understood proceedings can still be activated, with BCP Council stating it is “currently following the court processes”.
A spokesperson said: “BCP Council reserves the right to take appropriate legal action and are currently following the court processes, however we cannot comment further on any individual case.”
A public consultation on whether a PSPO should be introduced saw 2,241 responses – 75 per cent of which supported the idea.
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