Meeting of the Parliament (Hybrid)10 March 2021
During the scrutiny of the bill, there was significant discussion about the inclusion of age as a characteristic and the issue of vulnerability.
In its evidence at stage 1, the Crown Office and Procurator Fiscal Service stated:
“Prosecutorial experience is that there are relatively few cases of age hostility”.
The Justice Committee concluded:
“the approach to this issue should be one based on vulnerability and not age.”
That is a view that I support and set out in probing amendments at stage 2.
We are where we are, and the cabinet secretary’s view has prevailed. Under the bill, age-related offences will be prosecuted on the basis of prejudice. In recognition of that, amendment 38 provides that, when considering whether an offence has been committed under sections 1 to 3, regard must be given to the vulnerability of the victim, including whether the victim is a child or an older person. The drafting of the amendment recognises that both young people and older people can be the victims of age-related crime.
Legitimate concerns have been raised about how our criminal justice system responds to cases that involve children and the elderly, and their treatment as victims or witnesses. By providing that regard must be given to the vulnerability of the victim, it is hoped that the special measures afforded to victims and witnesses under the Vulnerable Witnesses (Scotland) Act 2004 and the Victims and Witnesses (Scotland) Act 2014 could also be available to victims and witnesses under sections 1 and 3 of the bill. That would include, for example, the ability of a victim to record their evidence as soon as possible after the alleged offence has been committed, when the details are fresh in their mind. Furthermore, that recorded account would then be provided as evidence without the victim having to appear at any hearing or court case, which could be many months or even years later. Crucially, they would not have to continually repeat their account of what happened many times to different people, perhaps becoming frustrated and, in some cases, if the victim is elderly, even more unsure of themselves and confused.
Amendment 42, which is supported by Age Scotland, would place a duty on ministers to raise awareness of the inclusion of age as a characteristic under the bill. That would aid public understanding of the new age-related hate crime offence and what it means in practice for victims, whether old or young. The amendment recognises that legislation alone may help but cannot guarantee change. A campaign would help to address concerns that have been expressed that other crimes against older people ought to be part of wider awareness of support that could be offered, as suggested by the Law Society of Scotland, through helplines, systems and guidelines to assist those who work with older people in reporting crimes. In effect, such a campaign would promote and highlight the advantages of a holistic approach to the work that is already being done under current strategies.
On that basis, I hope that the cabinet secretary will feel able to support both amendments in my name.
I move amendment 38.