Police Scotland has arrested and charged someone over two posts published online.
Heather Herbert, a 50-year-old web developer at the University of Aberdeen, a transgender activist and a former Labour and Scottish Greens candidate, wrote two vile messages on Bluesky about the death of Ann Widdecombe, a British politician and television personality who was found murdered in her home last week.
“And some good news for once. I hope it was an extremely painful death,” the first one said. The second went further. “And I hope she was handcuffed to the bed as she screamed in agony.”
Wishing an elderly woman a screaming, agonized end is the sort of thing that typically earns you a wide social berth and a lot of quiet unfollowing.
Then the police got involved. And un-involved. And then involved again.
Police Scotland looked at the posts and decided, in its own words, that “no criminality has been established.” Filed away, done. Then a petition gathered around 3,500 signatures in a matter of days, and the force pulled a handbrake turn.
A spokesman confirmed that “following further assessment, additional inquiries are being carried out.” Put plainly, the public shouted and the definition of a crime shuffled over to meet the shouting.
A 50-year-old, Herbert, was then arrested and charged, with a report going to the procurator fiscal. The police have not said which offense was supposedly committed. They made the arrest first and will presumably tell everyone the crime later.
Herbert, for what it is worth, was unrepentant, dismissing the whole row as “overblown” before the Bluesky account went dark and was suspended.
Herbert is clearly not charming company to keep but Britain has a troubling habit of turning vile speech into a police matter.
The death that started all this turned out to be far worse than anyone first assumed. Widdecombe, 78, the former Conservative minister turned Reform UK spokeswoman, was found dead at her home in Haytor on Dartmoor with serious injuries.
A 28-year-old man from South Yorkshire was arrested, then re-arrested under terrorism law. Counter-terror officers now describe a “brutal” and “targeted attack.”
Herbert posted before any of that was known, which spares nothing morally but is legally relevant, because you cannot be prosecuted for gloating over a murder that had not yet been called one.
The University of Aberdeen says it is reviewing the posts “as a matter of priority,” that the comments “are entirely the individual’s own,” and that it does not condone “violence or hateful behaviour in any form.” The principal added his own condemnation on top.
So a web developer’s repugnant messages have become a workplace disciplinary matter, a police matter and a political-party matter all at once. Three investigations for two sentences.
Herbert’s posts are horrible, and horrible speech is exactly the speech that tests whether a country believes in the freedom it advertises. Pleasant opinions have never needed protecting. Scotland has spent years assembling the machinery to police the ugly ones, and that machinery does not politely switch itself off when the target happens to be unsympathetic. Today it points at a gloating activist. Tomorrow it points wherever the next petition tells it to.
You are not obliged to like Heather Herbert. You can find the posts repulsive, think a great deal less of the person who wrote them, and still spot the much bigger problem standing behind them. But a police force that works out what is criminal by reading the room is a police force you should never trust with a single one of your own words.
Widdecombe deserved better than those posts. Everyone in Scotland deserves better than a speech code enforced by whoever can shout the loudest.
