CRIMINALS who prey on the elderly must face tougher sentences, campaigners will tell Scotland’s new minister for older people today as they demand an urgent change in the law.
Action on Elder Abuse Scotland will press the SNP’s Christina McKelvie to make targeting the elderly and vulnerable an “aggravating factor” when crimes are considered by the courts.
The idea was proposed in May by the retired judge Lord Bracadale as part of a wide-ranging review into hate crime which recommended new legislation.
He said that when an offence was motivated by “age hostility” that should be recorded and taken into account at sentencing.
The Scottish Government is due to start a consultation in response to the Bracadale report soon, however this is not expected to yield any legislation for at least another year.
Nicola Sturgeon is due to publish her annual legislative timetable, the programme for government on Tuesday, but a hate crime bill will not feature.
Ms McKelvie, handed the new brief of minister for older people and equalities in June, will take part in Action on Elder Abuse’s annual conference in Glasgow today.
The charity says many cases 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.
The deliberate targeting of the elderly for crimes of fraud and deception is a key problem.
It said Scotland had a chance to lead the UK on the issue, and urged Ms McKelvie to act
Director Lesley Carcary said: "The Scottish Government has shown its commitment by appointing the first minister for older people of any UK nation.
"We now have an opportunity to go further, however.
“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 said more vulnerable people, including older people, should be able to pre-record their evidence in court cases.
Adam Stachura, head of policy at Age Scotland, also said there was a pressing need for a change in the law.
He said: “Older people are disproportionately victims of fraud and scams as a result of their perceived vulnerability.
“They can often feel that justice is hard to come by and are less inclined to report instances as they happen. "Enhancing the severity of these offences could see an increase in the number of reports of crimes as a result of age, give law enforcement greater tools to prosecute, and act as a much stronger deterrent to criminals
“The new minister for older people should take this opportunity to work with the Justice Department see these proposals developed into law.”
Tory justice spokesman Liam Kerr MSP added: “We have already made clear that the vulnerability of a victim should be a consideration during sentencing.
“Criminals should be in no doubt that targeting the elderly will not be tolerated.
“Victims and their families should also be reassured that the sentence will fit the crime.
“I certainly endorse the view of Elder Abuse Scotland and I hope the Minister is listening.”
Ms McKelvie said: "Our vision of a fairer Scotland is one that values the contribution older people make to our society. As such the Scottish Government will do everything in its power to support their rights and interests.
"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."
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