Charity seeks tougher punishment for those who prey on elderly

Call for Scotland to lead way with new law based on ‘age hostility’

A charity has urged the Scottish Government to introduce legislation to allow tougher sentences for crimes against older people.

Action on Elder Abuse Scotland wants the abuse of vulnerable people to be made a statutory aggravating offence in law, estimating that about 100,000 older people in Scotland suffer some form of abuse each year.

The charity said a recent review of hate crime laws in Scotland, carried out by Lord Bracadale, had paved the way for the change. The review’s recommendations called on ministers to consider a general aggravation covering exploitation and vulnerability.

Lord Bracadale also concluded that there should be a new statutory aggravation based on “age hostility”.

The charity, which holds its annual conference in Glasgow on Monday, said Scotland had the opportunity to lead the UK on the issue, and urged Older People and Equalities Minister Christina McKelvie to act.

It highlighted that many cases

LESLEY CARCARY ACTION ON ELDER ABUSE SCOTLAND

involving victims suffering from frailty or dementia do not reach the attention of the police or courts, and those that do often result in community sentences.

Director Lesley Carcary said: “I would urge the Scottish Government to take seriously the recommendations in the Bracadale review and bring forward workable legislation that will finally see the calamitous impact of elder abuse on victims recognised in the statute books.

“Currently, the decision to apply a tougher sentence in cases involving older victims is at the discretion of the judge. That’s not good enough.

“What our older people and their families need is the reassurance that criminals who prey on them will receive a punishment that fits the crime.

“That reassurance must come in the form of a statutory aggravated offence to ensure consistency in our justice system.”

The charity also wants more vulnerable people, including older people, to be able to pre-record their evidence in court cases.

Ms McKelvie said: “Lord Bracadale recognised that older people can be targeted by perpetrators because of a perception that they are more vulnerable and so he recommended that the Scottish Government consider the introduction of a general aggravation concerning exploitation of vulnerability.

“We will consult later this year on that and the other recommendations in Lord Bracadale’s report.”

The decision to apply a tougher sentence in cases involving older victims is at the discretion of the judge. That is not good enough.