POLICE chiefs have spoken out against creating a new hate crime covering elderly people.

Officers told MSPs that legislation should instead focus on protecting those at risk of exploitation and vulnerability.

It comes as Holyrood continues to examine calls for age to be covered by hate crime laws in the same way as race, religion, disability, sexual orientation and transgender identity.

In evidence to MSPs, Police Scotland signalled its support for wider measures protecting the frail and vulnerable.

The force said: “It is this element that Police Scotland fully supports as opposed to an aggravator for elder abuse.

“Having in place a process that allows the courts to consider if a crime has been committed against a person based on the frailty and vulnerability of a victim will ensure a greater percentage of our vulnerable communities would be protected as opposed to simply being based on a person’s age.”

It said this would be a “potentially more efficacious tool for sending a message that offences against elderly people (and people with disabilities or incapacity) will not be tolerated”.

Representatives from Police Scotland, the Crown Office and charities are among those appearing before Holyrood's Justice Committee tomorrow, as it examines proposed changes to the law.

Lesley Carcary, director of Action on Elder Abuse Scotland, called for a specific offence of “elder abuse”.

In her submission to MSPs before the meeting, she highlighted failings in the current prosecution framework, as well as barriers to criminal cases involving older people reaching the courts.

These include older people’s reluctance to report criminal offences and a perception that older people do not make credible witnesses.

Ms Carcary argued vulnerable pensioners should be treated in the same way as victims of domestic abuse and crimes motivated by race, disability or sexual orientation.

She said: “The current approach fails to adequately recognise the seriousness and unique dynamics of elder abuse.

“Victims of elder abuse are often more vulnerable than others, and therefore often in position to take action to defend themselves.

“The current approach also fails to recognise the impact on the older person, which can be devastating in relation to their physical and mental health, and their ability to live independently.”

She pointed to the example of San Diego, which has successfully introduced a specific offence of elder abuse and handles around 9,000 cases every year.

Age Scotland also backed the introduction of added protections – whether by bringing in a new offence or a statutory aggravator to an existing offence.

But the Law Society of Scotland said difficulties with this approach could include proving the motivation for the offence was “hostility based on age”, rather than vulnerability.

A Scottish Government consultation based on a review of hate crime legislation carried out by Lord Bracadale closed over the weekend.

Justice Committee convener Margaret Mitchell said: "Taking advantage of an elderly person is a despicable act.

"Having safeguards in place to stop elder abuse occurring in the first place is clearly very important.

"Therefore when this abuse does happen, it is vital that perpetrators face tough consequences.

"A range of views exist on how best to crack down on abusers.

"The Justice Committee is listening to the arguments being advanced, and wants to know what, if anything, needs to change to ensure elderly people have the necessary protection they require."