No Vagrancy : An examination of the impact of the criminal justice system on people living in poverty in Queensland

Description

The aim of this project was to investigate the extent to which people living in poverty interact with, and are impacted by, the workings of the criminal justice system in Queensland. In addition the project aimed to document the interface between poverty and the criminal justice system; to provide a nuanced understanding of why these interactions occur; and to make recommendations that will be constructive and helpful. ‘Criminal justice system’ was defined in terms of its three arms: the Queensland Police Service, the Queensland Courts and Queensland Corrective Services. The focus on interactions with the police, the courts and corrective services is shown to be important given the excessive and negative experiences of those living in poverty with all elements of the criminal justice system, and particularly with the police. When the impact of the criminal justice system is disproportionately centred on a low socio-economic group then human rights are likely to be transgressed, community safety compromised, and democracy threatened. Two different methodologies were utilised in this project: i) individual interviews and focus groups were conducted with people experiencing poverty in Brisbane, Townsville and Cairns; and ii) criminal justice and related professionals were invited to complete an online survey instrument. Qualitative data was obtained from the interviews and focus groups, and a mix of qualitative and quantitative data was obtained from the online survey. The use of two different methodologies allowed for the triangulation of findings, and guarded against researcher bias. Key recommendations of the report include an independent inquiry into policing among poor, Indigenous and other vulnerable groups, with serious attention given to the widespread allegations of excessive police harassment and brutality. The report also urges that the Crime and Misconduct Commission investigate police powers related to search and seizure, with a focus on public searches and strip searches; that the extent to which police productivity is measured by arrest quotas be examined; and that the Queensland Government increase funding to Magistrates Courts in recognition of the success of the Special Circumstances Court, a pilot project, which was praised by participants for its respect and sensitivity towards vulnerable defendants.

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