A former serviceman who silently prayed for his unborn son outside an abortion clinic has been convicted of breaching the safe zone around the centre.
Adam Smith-Connor had his head bowed and hands clasped as he prayed for his son Jacob, whom he said died from abortion 22 years ago, outside the centre in Bournemouth, Dorset, on November 24 2022.
The safe zone around the British Pregnancy Advisory Service clinic in Ophir Road was introduced in October 2022 and banned activity including protests, harassment and vigils either in favour or or against abortion services.
Smith-Connor denied the offence of failing to comply with the Public Space Protection Order (PSPO) during a trial at Poole Magistrates’ Court, but was found guilty by District Judge Orla Austin who said on Wednesday that what he did was “deliberate”.
The 51-year-old was given a two-year conditional discharge and ordered to pay more than £9,000 in court costs and victim surcharge following the legal proceedings brought by Bournemouth, Christchurch and Poole (BCP) Council.
The court heard that the father-of-two had emailed the council the day before his silent prayer vigil to inform it of his plan, as he had done on other occasions.
On the day, he was near a tree, partially in view of the clinic, and refused to leave the area when asked to do so by a community officer who spoke to him for an hour and 40 minutes, the court was told.
During the conversation he told her: “I’m standing here silently praying.
“So what you are saying is I can’t pray for my son.”
The physiotherapist, of Southampton, Hampshire, was told to return to the area after 7pm when the restriction was not in place.
The safe zone is in place for three years and applies from Monday to Friday between 7am and 7pm.
Smith-Connor was handed a £100 penalty charge notice in December following the incident and was summoned to court in August where he pleaded not guilty to the offence.
BCP Council had introduced the measure after grappling with behaviours having a “detrimental impact” on the centre since November 2021.
The court heard that, before the safe zone was established, the clinic had been a “focal point” for people to gather and pray.
The authority brought in the order after a public consultation found 75% of 2,241 residents supported the move.
The judgment and sentence comes as buffer zones outside all abortion clinics in England and Wales will come into force at the end of October.
The new law prohibits protests within 150 metres of clinics or hospitals providing abortion services.
It has been more than a year since MPs voted to bring in legislation seeking to ensure women do not face harassment outside clinics, but delays occurred under the previous Conservative government because of the issue around silent prayer.
It is understood the action could come within the scope of the legislation.
Further guidance is due to be published by October 31 by the College of Policing and Crown Prosecution Service (CPS) to “ensure there is clarity and consistency with the enforcement of the new offence”, the Home Office said.
