Improving access to justice for older victims of crime by reimagining conceptions of vulnerability

Abstract

This article investigates the implications of recent research findings that establish that older victims of crime are less likely to obtain procedural justice than other age groups. It explores original empirical data from the United Kingdom that finds evidence of a systemic failure amongst agencies to identify vulnerability in the older population and to put in place appropriate support mechanisms to allow older victims to participate fully in the justice system. The article discusses how the legally defined gateways to additional support, which are currently relied upon by many common law jurisdictions, disadvantage older victims and require reimagining. It argues that international protocols, especially the current European Union Directive on victims’ rights, are valuable guides in this process of re-conceptualisation. To reduce further the inequitable treatment of older victims, the article advocates for jurisdictions to introduce a presumption in favour of special assistance for older people participating in the justice system.

Social workers’ perceptions of restorative approaches with families in cases of elder abuse: a qualitative study

“…There were many challenges for professionals in practice, not least being the emotional impact of the work on them. A lack of clarity around statutory powers and having to work within a complex range of statutes rather than one piece of robust legislation appeared to leave social workers in adult services frustrated and at times discouraged (Brown and Gordon, 2019; Anand et al ., 2013). Overall, however, there was an understanding of the gravity of the work, and a sense of pride in cases where positive outcomes had been achieved.…”