‘Back Off! Stop Making US Illegal!’: The Criminalisation of Homelessness in Australia

Abstract

In Australia, vagrancy and public order laws have been used to criminalise homelessness since colonisation. Such laws have never provided an effective deterrent against ‘offending’ because most crimes committed by homeless people are survival-related or otherwise associated with their homeless status. It is generally agreed that a welfare-oriented rather than a punitive approach is needed if these ‘crimes’ are to be prevented, however the perspectives of homeless people on this subject remain largely unknown. We undertook a national study where we asked homeless individuals and criminal law practitioners to comment on whether and how criminal law processes could respond more appropriately to the ‘offending’ behaviour of homeless people. Practitioners viewed criminal law interventions as an opportunity to connect homeless individuals with the services they required. However, the homeless participants were not supportive of mandated social service intervention. They eschewed a criminal identity and wanted state actors to leave them alone.