Dr Amee Baird1, Professor John Anderson2
1Newcastle Neuropsychology, Newcastle, Australia, 2School of Law & Justice, University of Newcastle, Newcastle, Australia
Biography:
Dr Amee Baird is a clinical neuropsychologist, lawyer and member of the NSW Guardianship and Mental Health Review Tribunals. In 2024 she was awarded a Justice Fellowship from the NSW Law and Justice Foundation for a project exploring access to criminal justice for people with dementia.
John Anderson is a Professor, School of Law & Justice, University of Newcastle. He has extensive practical and academic experience in criminal law and evidence with numerous publications in these areas. His research focuses on equity in sentencing, notably, homicide offenders and life imprisonment, restorative justice, and older people in the criminal justice system.
Our population is ageing and there is an increasing number of older people alleged to have committed criminal offences, both recent and historical. Age related changes including mobility, sensory and cognitive difficulties such as dementia can cause challenges for, and barriers to, engaging in court proceedings (Anderson & Baird, 2024). It is proposed that a specialised ‘Elder Court’ could be established for criminal offenders aged 65 years and over to enable greater access to justice and due process for this vulnerable population.
Drawing on the principles of therapeutic justice and restorative practice, including a focus on offender well-being and a collaborative, non-adversarial and interdisciplinary approach, the Elder Court could provide fast-tracked access to relevant services. These services would include aged care social workers, neuropsychologists for cognitive assessment, geriatricians for medical reviews and the aged care assessment team for assessment of needs and care options. Dedicated lawyers and judicial officers with experience and training in dealing with aged related legal and social issues could service the Elder Court, ensuring appropriate and efficient management of elderly people accused of criminal offences during legal proceedings. Case examples of older criminal offenders with dementia and the difficulties and barriers they and their legal representatives faced in the criminal justice system will be discussed.
Overall, it is proposed that the Elder Court will be designed as a unique specialist court that will benefit older people accused of criminal offences and all participants in the criminal justice system who engage with them.