Homelessness and the bail decision

As the welfare state contracts, the criminal justice system has an expanded role in providing problem populations with welfare services. A common approach in social policy research is to identify factors that cause offending, and campaign for resources that will address these social needs, and reduce crime. This paper considers the claims made in this literature critically, through analyzing data obtained from a mixed methods study of bail applications. Can one demonstrate that poor housing causes crime? Is there a simple policy solution? Statistically very few defendants are homeless, or are refused bail due to being homeless. Nevertheless, housing is a risk factor, arising from different types of situational offending, that can lead to a bail refusal. Most magistrates do not see themselves as social workers. In progressive courts, there are practical challenges in providing housing through the criminal justice system. Interpretive research, focusing on occupational perspectives and practitioners’ work, is helpful in understanding the problematic relationship between welfare and justice.