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Homeless people and prisoners


This opinion piece draws on three sources:

http://researchbriefings.files.parliament.uk/documents/SN04334/SN04334.pdf

http://www.bbc.com/news/uk-politics-38310590

#https://www.theguardian.com/society/2010/dec/23/homeless-committing-crimes-for-shelter

The last source is from 2010, but I have seen nothing to suggest things have changed.

This discussion starts with the premise that homeless people are not currently convicted of crimes that have resulted in a prison sentence.

I will first look at prison figures.

The total prison population in England and Wales is about 85,400. In Scotland the prison population is about 7,700. It is about 1,800 in Northern Ireland. The methods of counting are different in various parts of the UK, but a rough estimate is that 94% of prisoners are 21 or over and 99% are 18 or over.

People on remand (awaiting commencement or continuation of trial prior to a verdict) account for 8% of the prison population. Thus, the total number of convicted prisoners in the UK is 87,308. The cost per prisoner of processing, conviction, sentencing, and so on is £65,000. Thereafter the cost per prisoner per annum is £40,000. Prisoners receive shelter, clothing, three meals per day, toilet and bathroom facilities, recreation time and opportunities for education and training. I make no comment on that per se.

I want now to look at the homeless. As noted above, my premise is this is a group of people that have no current convictions that carry prison sentences. That is, they are sleeping rough, with all the problems that entails, and they have done nothing (seriously) wrong. They do not receive shelter, clothing, three meals per day, toilet and bathroom facilities, recreation time and opportunities for education and training.

In the UK in 2015 there were around 5,000 people sleeping on the streets. This compares with around 2,000 people in 2010. A fifth of all homeless people have committed a crime to get off the streets. Around 30% of rough-sleeping women have taken an unwanted sexual partner in order to find shelter.

It is difficult to be exact, because of the shifting population, but the mean age of death for homeless people is estimated at 47. Around 30% of the homeless are under 25.

Why do I juxtapose the homeless and convicted prisoners? The most important reason is that I postulate someone who is not convicted of an offence that carries a prison sentence should not be in a worse position than someone who has. The second reason is longer. In principle, all citizens in the UK are entitled to certain rights, including convicted and incarcerated prisoners. Prison law protects prisoners and their families through the whole spectrum of issues that may arise within the prison system.

Specialist prison law lawyers can help by supporting prisoners throughout their sentence including challenging poor conditions and medical issues. Supporting prisoners through the parole process. Providing representation, especially at disciplinary hearings. Ensuring that a prisoner's categorisation is appropriate. Representing families who are party to coroners' inquests (whether relating to deaths in police, prison custody or other circumstances.

Prisoners enjoy basic rights that are protected in law. For example, they have the right to food and water, protection from assault and access to the courts. They must be housed and clothed. The must have reasonable bathroom and toilet facilities. The rules on prisoners’ rights are available in all prison libraries.

Homeless people do not have equivalent rights. There is something dreadfully wrong that a country is prepared to spend £40,000 per annum on keeping convicted prisoners to a very reasonable basic standard, but seemingly unable to find what would be far less to house the homeless. Successive governments of all parties have ducked this issue. It is shameful in a civilised society.

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