Achieving just outcomes for homeless people through the court process

Homeless people are disproportionately represented in the criminal justice system and the rate of recidivism amongst homeless offenders is high. There are a range of particular issues and difficulties that homeless people face when they are required to attend court. Failure to take into consideration a defendant's homelessness can result in an unfair and unjust outcome for the defendant. The article seeks to identify the particular issues that homeless people face in the court process, and canvasses a range of options for addressing those difficulties. It is based on primary research conducted as part of the Homeless Persons' Court Project in 2004. The article is informed by the experiences and insights of 50 people who have been homeless and had interaction with the court system and participated in interviews and focus groups as part of the Project.