Labour MSP Daniel Johnson asks about the aggravator model as proposed in the Bracadale review.

Lesley Carcary says Action on Elder Abuse would support any proposals for an age-related hate crime.

If there was a possibility of a specific offence on elder abuse, we would support that also she adds.

Mr Johnson says Lord Bracadale concluded an age aggravator would be more workable and useful.

Ms Carcary suggests this approach would make sense as it would also deal with hostility towards younger adults.

Adam Stachura of Age Scotland says aggravation would be a step up from where we are now.

Ms Carcary tells the committee there could be the statutory aggravator taking account of vulnerability and a specific crime of elder abuse.

Mr Stachura agrees with Lord Bracadale that legislation can change behaviour.

Image source, bbc

Lord Bracadale, was commissioned by the Scottish government last year to examine the country's hate crime laws.

He said new age and gender aggravations should be introduced in addition to the existing hate crime laws, which currently cover race, religion, disability, sexual orientation and transgender identity.

Read the full report, external.

SNP MSP Shona Robison suggests that the complexity around domestic abuse cases was previously used as an excuse to not pursue a legislative route.

She argues the law must be clear that elder abuse is a crime too, regardless of the complexities around it.

Gordon Paterson agrees heightened awareness, as seen with domestic abuse cases, would improve the situation.

Lesley Carcary from Action on Elder Abuse insists that if domestic abuse case be treated as a separate offence, so too can elder abuse.

SNP MSP Rona Mackay asks when neglect becomes harmful.

Mr Paterson explains five care homes were closed last year, two of these situations came about from staff whistleblowing.

He goes on to say there is engagement with Police Scotland on cases where there is willful neglect from care staff, using the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, external.

Gordon Paterson from the Care Inspectorate says adult support and protection defines being vulnerable as being unable to safeguard welfare rights.

He explains it is not specifically age that makes people vulnerable, but the things that come with age - such as disabilities and mental disorders.

The legislation on adult protection is robust in terms of protecting these characteristics and allows interventions based on the frailties which might come with age, he adds.

Tory MSP Liam Kerr asks what is elder or an older person.

Mr Paterson replies this is the subject he has the most difficulty with and warns against a "deficit based approach".

The Care Inspectorate chief inspector warns they are working with an outdated age cut off and stresses the crucial thing is vulnerability.

Mr Stachura agrees this is very difficult area as it can be quite fluid and Ms Carcary agrees.

SNP MSP Jenny Gilruth wonders about barriers to prosecution levels and what more could be done.

Lesley Carcary says there is an issue with police not taking complaints seriously, which in turn reduces older people's confidence to report.

All cases must be investigated on there own merit and not put down to dementia or memory problems, she insists.

Age Scotland

Age Scotland provides information, advice and support on a wide range of issues affecting older people in Scotland.

Phone: 0800 12 44 222

Visit the Age Scotland website, external

Compassion in Care

Compassion in Careworks to break the chain of elderly abuse and provides practical advice and support to people in care, their relatives and concerned staff members.

Visit the Compassion in Care website, external

Action on Elder Abuse

Action on Elder Abuseworks to protect, and prevent the abuse of, vulnerable older adults and provides a confidential helpline for anyone concerned - including older people themselves, their friends and relatives.Phone: 0808 808 8141 (Mon-Fri 9am-5pm)

Visit Action on Elder Abuse website, external

Image source, bbc

Ms Carcary highlights the Action on Elder Abuse Scotland national helpline hears from family members more than the elderly person being abused.

She says it is very difficult for older people to speak up on these crimes, as most are carried out by families.

The Action on Elder Abuse Scotland director explains that often parents are embarrassed and don't want to report their children.

Committee convener Margaret Mitchell asks about recording incidents of abuse.

Gordon Paterson explains there is more information from registered care services on incidents of harm, as they are required to notify the Care Inspectorate.

Mr Paterson adds a number of referrals come to the Inspectorate in relation to elder abuse, though responsibility to act on them first falls to the health and social care partnership.

The Inspectorate may intervene if necessary, he says.

Ms Carcary says loneliness and isolation are the main reasons why elderly people do not report abuse.

The fear of loneliness is actually worse than the fear of abuse, she says.

The Action on Elder Abuse Scotland director points out that with older people, adult support and protection appear to be the preference to criminal prosecution.

Gordon Paterson says: "I think prosecutions fall from adult protection."

Gordon Paterson from the Care Inspectorate says part of the challenge is around definitions.

The Care Inspectorate is forever debating the line where poor care becomes neglect, when neglect becomes harmful, and when harm is criminality he tells the committee.

Lesley Carcary from Action on Elder Abuse (AEA) Scotland says evidence suggests elderly people are more likely to be abused in their own homes rather than in a care setting.

In the vast majority of cases, it is family members who are subjecting the person to abuse she adds.

Image source, bbc

Adam Stachura from Age Scotland concurs citing the figure could be nearer 16%, according to WHO figures.

"That's a huge number of people who could be subjected to, quite frankly, terrifying abuse."

This could affect upwards of 200,000 people in Scotland, he adds.

Green MSP John Finnie begins questioning the panel, querying the extent and nature of elder abuse.

Lesley Carcary from Action on Elder Abuse Scotland says 9% of over 65s in Scotland have experienced some form of elder abuse.

This 9% is probably only the tip of the iceberg because elderly people are often hesitant to speak up, Ms Carcary adds.

Image source, bbc

Justice Committee convener Margaret Mitchell welcomes:

• Lesley Carcary from Action on Elder Abuse Scotland, external
• Adam Stachura from Age Scotland, external
• Gordon Paterson from the Care Inspectorate, external

Image source, GETTY IMAGES

The Justice Committee will now take evidence on the prosecution of elder abuse from:

• Lesley Carcary from Action on Elder Abuse Scotland, external
• Adam Stachura from Age Scotland, external
• Gordon Paterson from the Care Inspectorate, external

and then from:

• Anthony McGeehan from the Crown Office and Procurator Fiscal Service, external
• Rosalyn McTaggart from the Law Society of Scotland, external
• Chief Superintendent John McKenzie from Police Scotland, external

Read the committee papers here., external

Good morning and welcome to Holyrood Live on Tuesday 26 February.

We begin the week with an evidence session on elder abuse and how to improve prosecutions.

Image source, THINKSTOCK

There have been a number of calls to make elder abuse a specific crime or a statutory aggravator when sentencing.

After topical questions, Health Secretary Jeane Freeman will give a ministerial statement on patient safety within the NHS in Scotland.

Image source, Getty Images

MSPs will then debate the Human Tissue (Authorisation)(Scotland) Bill for the first time. The legislation will shift Scotland to an "opt-out" system for organ donation.

SNP MSP Jenny Gilruth will then celebrate LGBT History Month