Give elderly offenders a chance
Grenville Cross says that the merciful treatment of elderly people accused of minor offences is not a sign of going soft on crime, but a more humane approach to a growing problem
Oscar Wilde once said: "With age comes wisdom, but sometimes age comes alone." The Civic Exchange think tank reported last month that far more elderly people are getting into trouble with the police. Between 1991 and 2011, there was a sixfold increase in arrests of women over the age of 60, and a threefold increase in arrests of men of that age.
This situation is alarming, and the criminal justice system must decide how best to respond.
Louisa Mitchell, the report's author, said "the increase in crime amongst the elderly, its nature and whether it is linked to rising poverty in this age group, needs further investigation". Poverty, of course, may well be a factor, as also may mental disorder, but other things contribute, including overly rigid enforcement policies, a reluctance to divert elderly people away from the courts, a fear of appearing soft on crime, and also perhaps an increase in petty laws and regulations.
Although the police can, under the Police Superintendents' Discretion Scheme, administer a formal caution to a juvenile offender (aged 10-17) who admits his or her guilt, this option is not available for an elderly offender, which is regrettable. The recidivism rate of youngsters cautioned under the scheme has remained under 20 per cent in recent years, and a strong case exists for extending the scheme to adult offenders.
Although, some years ago, a working group, chaired by an enlightened prosecutor, John Reading SC, recommended the wider use of the scheme for offenders beyond 17 years, this was thwarted by hardliners who feared that increased cautioning would signal softness on crime. In consequence, a proposal that could have helped the police in their handling of elderly offenders was dumped.
This issue must now be revisited. After all, a sizeable number of shoplifting offences, for example, are committed by elderly people who are either forgetful or short of cash, or both, and little purpose is served by prosecuting them when a suitably worded caution may suffice.
Since 2003, English prosecutors have been able to use a conditional caution for adult offenders. The prosecution is suspended if the offender agrees to comply with certain conditions, designed to rehabilitate and prevent re-offending. If the conditions are breached, the prosecution may be reinstated. Success rates are high, and in 2008, for example, out of 8,011 conditional cautions, there was non-compliance in only 707 cases (almost 9 per cent). This is exactly the sort of scheme which could benefit elderly offenders in Hong Kong.