In New South Wales, a landmark reform is set to wipe out the use of good character references at sentencing, making it the first state in the country to do so. The government says the move will reframe how courts assess a defendant’s character, focusing more on the offence, criminal history and other relevant factors rather than positive reputations or community contributions.
The bill, expected to be introduced in the NSW Parliament on Wednesday, would bar judges from taking into account statements about prior good conduct or character as mitigating evidence during sentencing. Supporters, including survivor groups, say the change marks a monumental shift in how the justice system deals with sexual abuse and other crimes, while critics warn it could curb defendants’ rights to present a full picture of who they are.
As the details are still being worked through, legal minds caution that the practical effects will hinge on how the legislation is drafted and how courts interpret the new framework. The proposal is part of a wider set of reforms aimed at recalibrating sentencing practices across the state.
What we know
- NSW is proposing to remove “good character” from the set of mitigating factors considered at sentencing, a nationwide first.
- The reform would apply to offenders convicted of any crime, according to the early briefing from government sources.
- The bill aims to shift focus toward the offence itself, criminal history, impact on victims and other statutory factors rather than a defendant’s reputation.
- Supporters including survivor advocates say the change aligns sentencing with principles of accountability and proportionality.
- The move follows discussions about how character references can influence outcomes in sensitive cases.
The government emphasises that the change is designed to improve consistency and reduce sentencing distortions that can arise from character statements. The exact mechanics—such as how prior conduct evidence will be treated or whether any exceptions apply—remain to be clarified as the bill progresses.
What we don’t know
- How judges will replace the weight once character references are removed, and what new criteria will guide sentencing.
- Whether carve-outs will exist for certain case types or protection considerations for victims and survivors.
- How the reform will interact with existing sentencing guidelines and appellate pathways.
- The precise timeline for passage, assent and when the changes will take effect in practice.
- Any anticipated shifts in sentencing outcomes or court workloads, and the availability of new guidance for defence and prosecution.
As the debate unfolds, legal observers urge caution and clarity, noting that the legislative text will determine how broadly the reform is applied and how it interfaces with broader criminal justice objectives in New South Wales.
