A/67/278 46. The background and daily experience of justice sector staff, especially judges, are often very different from those of persons living in poverty, and this often means that, without proper training and sensitization, they do not understand and value their views, choices, behaviours or problems. Persons living in poverty may be denied access to impartial justice owing to negative stigma and stereotyping from judges, prosecutors and police. 47. Police forces are the primary and most common interface with the justice system for persons living in poverty. All too often, however, police actions and procedures act as a barrier to meaningful access to justice for persons living in poverty and they are treated as potential criminals, rather than as rights-holders whose access to justice must be supported and facilitated. Excessive and arbitrary use of detention and incarceration 48. Across developing and developed countries, incarceration rates are extremely high for persons living in poverty. Disproportionately high numbers of them are arrested, detained and imprisoned as a result of law enforcement officials’ frequent use of poverty, homelessness or disadvantage as an indicator of criminality, and they encounter considerable obstacles in manoeuvring within or exiting the criminal justice system. 49. The provision of bail pending trial is often subject to stringent and onerous conditions. In the vast majority of cases, those requirements are impossible to meet for the poorest. Therefore, they are more likely to remain in detention pending trial. This dramatically increases the likelihood that they will ultimately be convicted: not only does it put them in a vulnerable position, in which they will be more inclined to accept unfair “plea deals” or to make admissions of guilt in order to secure a swifter release, it also impedes their ability to liaise with lawyers or obtain character witnesses, and causes them to lose their employment or social housing, thereby creating a disincentive for the court to give a suspended or community sentence. 14 50. The economic and social costs of detention and incarceration can be devastating for persons living in poverty. Detention and incarceration can lead to loss of income and employment and often temporary or permanent withdrawal of social benefits. Their families, particularly their children, are also directly affected. Therefore, criminal justice systems predicated on detention and incarceration, even for minor non-violent crimes, can themselves represent a significant obstacle to access to justice for persons living in poverty. Those who are poor and vulnerable are likely to leave detention disproportionately financially, physically and personally disadvantaged. Fees and costs 51. In addition to the costs of legal assistance (see paras. 60-67 below), there are numerous other costs associated with accessing justice which constitute a major barrier for the poor, who simply cannot afford those expenditures. Fees are encountered at every stage of the legal process, along with several indirect costs, such as for obtaining a legal document, witness costs, commissioning independent expertise, photocopies and phone calls. The cumulative impact of those costs is a __________________ 14 12 E/CN.4/2006/7, para. 66. 12-45806