A disproportionate number of homeless are going through the court system

While homelessness is no longer in itself a crime in Tasmania, charges such as trespass and public nuisance are more commonly laid against homeless people, according to a Launceston-based lawyer, Dr Nicola Bowes.

An article published on the Go To Court website explains the impact of the criminal justice system in Tasmania on homeless people and their engagement with law enforcement.

The article written by Dr Bowes highlighted the charges relating to public space use.

The article states that homeless people are also more vulnerable and liable to be victims of personal violence offences and sexual offences.

The article by Dr Bowes states that a homeless person can easily violate trespass laws when sleeping near a private dwelling or in an abandoned building.

An example of policing people experiencing homelessness was when, in 2019, the police charged Launceston homeless man Harry Kourakas with trespassing after he was caught 'dumpster-diving'.

In 2020, the Magistrates Court heard his case and fined him $250. This conviction prompted calls for changes to how the criminal justice system treats homeless people.

Dr Bowes' article explored one potential solution: creating a specialist homelessness court.

The lawyer wrote that the traditional courts have little flexibility to take exceptional circumstances into account and that specialist courts can reduce re-offending rates and decrease the incidence of incarceration.

There are other laws that people experiencing homelessness can find themselves in trouble with.

These can be laws that prohibit drinking in public and public urination. While these laws do not directly target people experiencing homelessness, they have little choice but to carry out these private activities in a public space.

Mission Australia State Director Tasmania Mychelle Curran said a punitive approach was not the answer to dealing with the homelessness and housing crisis.

"We need a holistic approach from the government that ensures people experiencing homelessness are treated respectfully, not punitively, and are encouraged to engage with support services and housing providers.

"Negative interactions with police or government agencies can discourage people from seeking support and increase their isolation.

"People experiencing homelessness should be engaging with support services, not the criminal justice system.

"Let's shift resources away from punitive measures and invest in social and affordable housing, including supported housing and increased funding for specialist homelessness supports and mental health services. No Tasmanian should be punished for not having a roof over their head," Ms Curran said.

Ben Bartl, a Policy Officer and lawyer with Community Legal Centres Tasmania said he knows that people are continuing to be charged with drinking alcohol in a public place, swearing and using offensive language and that these offences disproportionately impact people experiencing homelessness.

"The solution is not to send homeless people to jail because they will have shelter, three meals a day and access to medical treatment.

"Instead, we need to focus on providing a home to people experiencing homelessness so that they can focus on their mental health, engage with educational and training opportunities or getting a job.

"Addressing the causes of homelessness will result in a safer community and free up our courts for more serious criminal matters," Mr Bartl said.

Anyone experiencing or at risk of homelessness is encouraged to contact Tasmania's front door service for all housing assistance, Housing Connect, at 1800 800 588, 24 hours a day, seven days a week.