Marion Millar at an anti-trans demo organised by Women Wont Wheesht on 2 September, 2021 in Edinburgh, protesting guidelines that allow trans people to self-declare their gender in the census. (Getty/ Jeff J Mitchell)
“Gender critical” activist Marion Millar, who was accused of posting material on social media of a “homophobic and transphobic nature”, has had the charges against her discontinued.
However, the decision to discontinue her charges could be reversed pending review.
Millar, 50, is an accountant and activist for the anti-trans pressure group For Women Scotland, which opposes vital reforms to the Gender Recognition Act.
She was charged on 3 June, 2021, under Section 127 of the 2003 Communications Act, over material posted on social media in 2019 and 2020.
Police initially received a complaint after Millar allegedly posted a photo on social media which is reported to have shown a bow of green, white and purple ribbons tied around a tree, near where a named Scottish actor was working. The complaint suggested that the ribbons represented a noose.
She was also charged with writing personal and false information relating to a female police officer, and prosecutors said she behaved in “a threatening or abusive manner” between October 2019 and June 2020 in Glasgow and in Rutherglen.
However, despite the discontinuation of the charges against Millar, prosecution could still go ahead in future if a review is called.
A spokesperson for the Crown Office and Procurator Fiscal Service told the BBC in a statement: “Those directly involved have been informed of an update in this case and there is a right to call for a review of this.
“Until any review has been completed the question of whether or not there will be a prosecution remains open.
“The Crown reserves the right to proceed and will not comment further.”
Millar attended a Glasgow Sheriff Court bail hearing in August, and was granted bail until a further hearing this month.
However on Thursday (28 October), Millar’s solicitor David McKie revealed in a statement that charges against his client have been discontinued.
He said: “My client is very pleased to have received confirmation that the case against her had been discontinued by the Crown.
“She had intended to defend the charge against her vigorously had it had proceeded to trial and this decision brings a very stressful period to an end.
“In her view, it is the right decision for a whole number of reasons, not least of which is the cost to the public purse.”
The following press release has been sent by Marion Millar’s lawyers.
— For Women Scotland (@ForwomenScot) October 28, 2021
Millar also thanked the rest of her legal team, which included Joanna Cherry QC, a “gender critical” SNP politician who was sacked from her party’s front bench in February.