Home > NEWS > CJI News Archive > 2022 > Oct - Dec > Terms of reference published for vulnerable older people's inspection Terms of reference published for vulnerable older people's inspection 18/11/2022 CJI has published terms of reference for a new inspection looking at the criminal justice system's appraoch to vulnerable older people. "This inspection will complement previous thematic inspections CJI has conducted in considering how different victim groups are dealt with in their journey through the criminal justice system," said CJI Chief Inspector Jacqui Durkin. "It will examine the approach of the criminal justice system in Northern Ireland to preventing, responding to, investigating and prosecuting offences against vulnerable older people and will follow the 'victim journey' through the criminal justice system from the reporting of a potential crime, to the conclusion of court proceedings," she said. The focus of this inspection will be on older people aged 60 years and older. It will specifically consider how the criminal justice organisations treat those who are older and classed as vulnerable by one or more circumstances, for example a previous victim of crime, having a disability or being significantly supported daily life by family, friends or statutory organisations," said the Chief Inspector. Terms of reference have been provided to each organisation involved in the inspection and are available below. An Inspection of the Criminal Justice System’s approach to Vulnerable Older People Terms of Reference Introduction Criminal Justice Inspection Northern Ireland (CJI) proposes to undertake an inspection of the approach of the criminal justice system to vulnerable older people. The inspection will focus on the three main elements of the CJI inspection framework as they apply to the approach to vulnerable older people as victims of crime; these are strategy and governance, delivery and outcomes. The main organisations to be inspected will be the Police Service of Northern Ireland (PSNI), the Public Prosecution Service (PPS) and the Northern Ireland Courts and Tribunals Service (NICTS). The inspection will also consider the work of the Probation Board for Northern Ireland (PBNI) which occurs pre-sentencing, for example in relation to Pre-Sentence Reports and the programmes offered at sentencing stage, as well as the work of its Victim Information Scheme. The role of Department of Justice (DoJ) will be considered where Departmental strategy and policy is relevant to this area. The inspection will review overall CJS response to vulnerable older people abuse including co-operation and partnership working. This inspection will complement previous thematic inspections that CJI has conducted in considering how different victim groups are dealt with in their journey through the criminal justice system. In 2018 and 2019 respectively CJI published inspections of the handling of cases of sexual violence and abuse and domestic violence and abuse and with follow-up reviews published in 2021. CJI previously undertook inspections in the areas of Adult Safeguarding (published 2015), Child Sexual Exploitation (June 2020) and the Care and Treatment of Victims and Witnesses (July 2020). [1][2] Where possible this inspection will avoid duplicating previous work. There is no statutory definition of a crime against an older person. There is also no consensus across Government departments or third sector organisations about what age limit constitutes an older person or older people. The United Nations (UN) defines an older person as a person who is over 60 years of age.[3] NHS England notes that ‘Generally, someone over the age of 65 might be considered an older person. However, it is not easy to apply a strict definition because people can biologically age at different rates so, for example, someone aged 75 may be healthier than someone aged 60. Instead of simply age, ‘frailty’[4] has a bigger impact on their likelihood to require care and support.’[5] The UN has also set out principles for older persons via the General Assembly resolution 46/91.[6] The Commissioner for Older People Northern Ireland was established in legislation in 2011 and the Commissioner is required to have regard to these UN Principles.[7] CJI will be working with His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) during the fieldwork for this inspection as part of a PEEL inspection of the PSNI (to assess the PSNI’s effectiveness, efficiency and legitimacy). The Terms of Reference for the HMICFRS inspection will be issued separately with the outcome of the findings published in a separate report. In order to reduce duplication of effort and the burden of inspection on the PSNI it is intended that CJI and HMICFRS will work jointly during the period of fieldwork within PSNI to meet the needs of both inspections. Context In May 2019 the Commissioner for Older People in Northern Ireland (COPNI) published a report entitled ‘Crime and Justice: The Experience of Older People in Northern Ireland’.[8] This noted ‘Statistically, in Northern Ireland, older people are less likely to be victims of crime. However, in cases of burglary, criminal damage and theft, older people are just as likely to report being victims of crime as other age groups. Being a victim of crime can exacerbate feelings of emotional, psychological, physical harm and financial loss for older people and so the impact of criminal activity has particular and more severe consequences for them.’ The report noted issues for older people as victims of crime in relation to special measures, court facilities, avoidable delays, the engagement of older people in the case (hearing their voice) and poorer outcome rates for crimes against older people. In 2018-19, HMICFRS and Her Majesty’s Crown Prosecution Service Inspectorate conducted a joint inspection across England and Wales of how the police and the Crown Prosecution Service (CPS) respond to crimes against older people. This found that the police had only a “superficial understanding” of the nature and extent of crimes against older people, which often resulted in a poorer service to older victims. It noted that older people accounted for 18 percent of the population, but over eight out of ten victims of doorstop scams were elderly, and they also comprised a quarter of domestic homicide victims. Despite this the two inspectorates found that the police and the CPS lacked any joint cohesive and focused strategy to deal with older victims of crime. Aims of the Inspection This inspection aims to examine the approach of the criminal justice system in Northern Ireland to preventing, responding to, investigating and prosecuting offences against vulnerable older people. It will therefore follow the timeline of the 'victim journey' through the criminal justice system from the reporting of a potential crime to the conclusion of court proceedings. The inspection will not seek to examine the manner in which the criminal justice system deals with offenders in prison or upon release into the community. The focus of this inspection will be on older people aged 60 years and older. Specifically, it will consider how the criminal justice organisations treat those who are older and classed as vulnerable by one or more circumstances, for example previous victims of crime, disability or being significantly supported in their daily life by family, friends or statutory organisations. This therefore is in line with the NHS England explanation above about ‘frailty’ being more important than purely age. This inspection will not include adults who are deemed to be vulnerable (for example adults in need of protection due to disability who are aged below 60 years of age) and will not inspect in detail the arrangements for adult safeguarding. The broad aims of the Inspection are to: Examine the effectiveness of organisational strategies with regard to offences against vulnerable older people, including the approach to prevention and enforcement; Examine the response to vulnerable older people - how operational delivery is structured to meet the needs and expectations of stakeholders and victims. To determine effectiveness and potential areas for improvement; Examine and assess the outcomes of strategies and delivery mechanisms offences against vulnerable older people against targets and expectations; Examine management information and the performance of the criminal justice agencies in addressing offences against vulnerable older people; and Examine how the above aspects of the approach to offences against vulnerable older people benchmarked against good practice. Methodology The inspection will be based on the CJI Inspection Framework for each inspection that it conducts. The three main elements of the inspection framework are: Strategy and governance Delivery, and Outcomes. Constants in each of the three framework elements and throughout each inspection are equality and fairness, together with standards and best practice. The CJI inspection methodology can be found at www.cjini.org. Design and Planning Preliminary research Data and initial information has been reviewed in order to inform the scope of this inspection. Benchmarking, research and data collection Collection of benchmarking information and data, where available, from other jurisdictions and sectors in Northern Ireland and a review of inspection and research reports will be undertaken. Contact with agencies Terms of reference will be prepared and shared with the DoJ, PSNI, PPS, NICTS and PBNI prior to the initiation of the inspection. Liaison officers from the organisations should be nominated for the purposes of this inspection. Policies and procedures, management information, minutes of meetings and related documentation from the inspected organisations will be requested and reviewed. Delivery Stakeholder consultation The following stakeholder organisations will be consulted: Age NI; Alzheimer’s Society NI; Dementia NI; Hourglass NI; Commissioner Designate for Victims of Crime; Commissioner for Older People for Northern Ireland; Victim Support NI. CJI will seek assistance from stakeholder organisations who work with older people to seek the views of older people who have been victims of crime. Development of fieldwork plan CJI will liaise with the inspection liaison points of contact in each organisation to arrange a series of meetings and focus groups with relevant individuals within the DoJ, PSNI, PPS, NICTS and PBNI. The majority of the fieldwork within the PSNI will be undertaken jointly with HMICFRS during their PEEL inspection fieldwork. Case file reviews of PSNI and PPS will be undertaken during the fieldwork. The reviews of police files will be undertaken as part of the joint fieldwork with HMICFRS. Initial feedback to agency On conclusion of the fieldwork the evidence will be collated, triangulated and analysed and emerging recommendations will be developed. CJI will then present the findings to appropriate organisations. Drafting of report Following completion of the fieldwork and analysis of data a draft report will be shared with the inspected bodies for factual accuracy check. The Chief Inspector will invite the inspected bodies to complete an action plan within six weeks to address the recommendations and if the plan has been agreed and is available it will be published as part of the final inspection report. The inspection report will be shared, under embargo, in advance of the publication date with the inspected bodies. Publication and Closure A report will be sent to the Minister of Justice, or in their absence the Permanent Secretary, for permission to publish. When permission is received the report will be finalised for publication. A press release will be drafted and shared with the inspected agencies prior to publication and release. A publication date will be agreed and the report will be issued. Indicative Timetable Scoping/Research: October-November 2022. Stakeholder consultation: November-January 2022. Agency fieldwork: January-March 2022. Draft Report to agencies: May 2022. Factual accuracy feedback received: June 2022. The above timetable may be impacted by factors outside CJI’s control. The inspected organisations will be kept advised of any significant changes to the indicative timetable. [1] All available on CJI's website www.cjini.org [2] All available on CJI's website www.cjini.org [3] See https://emergency.unhcr.org/entry/43935/older-persons [4] Frailty is where someone is less able to cope and recover from accidents, physical illness or other stressful events. [5] NHS England, Improving care for older people available at https://www.england.nhs.uk/ourwork/clinical-policy/older-people/improving-care-for-older-people/. [6] UN, United Nations Principles for Older Persons, December 1991 available at https://www.ohchr.org/en/instruments-mechanisms/instruments/united-nations-principles-older-persons. [7] See https://www.legislation.gov.uk/nia/2011/1/section/2 [8] COPNI, Crime and Justice: The Experience of Older People in Northern Ireland, May 2019 available at https://www.copni.org/media/1540/206567-online-a4-crime-report-56p.pdf.