Abuse and neglect of old people (FOI)Abuse and neglect of old people (FOI)
Produced by the Freedom of Information officeAuthored by States of Jersey and published on
05 April 2016.Prepared internally, no external costs.
Request
In the 12 months ending 31 December 2015 how many cases were received by the police; investigated; and referred to the CPS (Crown Prosecution Service) for prosecution, in which neglect and/or abuse of an older person was a feature? (Persons over 65)
In the 12 months ending 31 December 2015 on how many occasions was a police decision taken not to refer to the CPS but to instead issue a police caution, in cases involving the abuse or neglect of an older person?
What guidance has been issued to police officers in relation to investigating and seeking prosecution of crimes against older people?
What guidance has been issued specifically in relation to the CPS policy document on prosecuting crimes against older people?
In the 12 months ending 31 December 2015 on how many occasions was common law or PACE (Procedures and Criminal Evidence) used to afford access to premises where vulnerable individuals were considered to be at risk?
Response
Jersey is independent of the UK for prosecution matters. It does not have a Crown Prosecution Service and many of its laws differ from those in England and Wales. There is no legislation in Jersey that specifically covers neglect of the elderly. Common law offences of assault are available.
In 2015, States of Jersey Police prosecuted five cases of assault where the victim was over the age of 64. One of those cases involved a care home resident.
In total, States of Jersey Police have 135 events recorded for 2015 where the perceived victim or suspect was 65 years of age or older. 24 of those cases involved an allegation of assault. 14 cases were given Adult Protection Notice status, as the victim or suspect was perceived to be vulnerable. In seven of those cases, an elderly person was the victim, five of which were classed as domestic incidents. In each of these cases either no assault could be proved or it was so minor that it was deemed ‘not in the public interest’ to prosecute. Of the other two, one resulted in a prosecution and in the other, the victim declined to assist with any prosecution.
The States of Jersey Police do not issue cautions. Minor incidents may be dealt with at the Parish Hall by way of caution.
Parish hall enquiries
The States of Jersey Police follow the UK College of Policing guidelines.
Major investigation and public protection on the College of Policing website
And the Jersey Safeguarding Partnership Board guidelines.
Information for Professionals on the Safeguarding Partnership Board website
None of the above mentioned events required the entry to premises by warrant, PPACE (Police Procedures and Criminal Evidence) or common law powers.
The States of Jersey Police do occasionally enter premises when a welfare concern has been raised by a friend or relative for an individual who lives alone and cannot be contacted. None have been the subject of a criminal investigation in 2015.