NSW to Abolish 'Good Character' References in Sentencing

The New South Wales (NSW) government is set to introduce landmark legislation to abolish the use of good character references during sentencing hearings in all criminal trials. This significant reform aims to prevent convicted offenders from leveraging their reputation in court, a move specifically intended to reduce trauma for victims. The decision follows key recommendations made by the NSW Sentencing Council.

This proposed legislation aims to prevent convicted offenders from using character references in court, a move intended to reduce trauma for victims.

Current regulations already prohibit child sexual offenders from using "good character" or a lack of previous convictions if these factors facilitated the offense. The new legislation, which will amend the Crimes (Sentencing Procedure) Act 1999, will extend this prohibition to all convicted offenders.

Remaining Sentencing Considerations

While good character references will be excluded, courts will retain the ability to consider other crucial factors during sentencing. These include an individual's prospects of rehabilitation and the likelihood of reoffending. Furthermore, a lack of previous convictions will continue to be recognized as a mitigating factor in sentencing decisions.

Strong Support from Advocates and Attorney-General

Advocates for the sentencing reforms have welcomed the changes. Harrison James and Jarad Grice, co-founders of Your Reference Ain't Relevant, expressed their support.

James stated that the proposed legislation represents a "historic shift in justice," emphasizing that it prioritizes survivors' experiences over an offender's social reputation.

NSW Attorney-General Michael Daley indicated that convicted criminals will no longer be able to use their reputation to diminish their culpability.

Daley stated that victim-survivors should not be compelled to hear the person who caused them harm described as a "good person," and that offenders should not rely on "good character" to mitigate criminal consequences.

The NSW government intends to introduce this legislation, described as an Australian-first, to the state parliament this week, on Wednesday.