In New South Wales, the government has signalled a sweeping change to sentencing practice, asserting that convicted offenders will no longer be able to rely on good character evidence when the court determines a penalty. The plan, described as a major reform to the criminal justice framework, aims to narrow the range of factors used to weigh sentences and place greater emphasis on the seriousness of the offence and the conduct of the offender. The government says the reforms will apply across the state and are expected to be introduced to Parliament in the near term, though the specifics of timing remain to be confirmed. Legal observers have described the move as significant for how mitigating information is considered, and for the alignment of sentencing with public expectations. If enacted, the change would mark a notable shift in practice that has long been debated in NSW.
The focus keyword good character evidence appears in policy statements as part of the debate over what information is appropriate to consider at sentencing. The government has framed the reform as part of a broader effort to streamline sentencing and reduce potential biases in decision-making. Supporters say it could reduce the weight given to a defendant’s personal history unrelated to the offence. Critics warn that the change may hamper the ability of defendants to present context that could be relevant to culpability or rehabilitation, depending on how the rules are drafted. The discussion has touched on the role of prosecutors, defence teams, and Victims of Crime services in understanding how the changes will operate in court.
What we know
- The reform package intends to bar reliance on good character evidence during sentencing in NSW courts.
- A bill or policy paper outlining the changes is expected to be introduced to Parliament in the near term.
- The proposal is pitched as part of a broader suite of sentencing improvements aimed at consistency and transparency.
- Officials have indicated the changes would apply to sentencing for a range of offences, subject to any exemptions or transitional arrangements.
- Legal and policy advisers are conducting consultations with stakeholders as part of the development process.
What we don’t know
- Whether the reforms will include explicit exemptions for certain types of evidence or circumstances, such as remorse or rehabilitation history.
- How the changes will affect the handling of mitigation and risk assessment in sentencing decisions.
- The exact timeframe for when the reforms would take effect if passed, including any transitional rules.
- How courts will interpret “good character” in practice and what evidence will be allowed or disallowed.
- The potential impact on defence strategy and prosecution planning as a result of the new rules.
Analysts emphasise that the practical implications will unfold only after primary legislation is enacted and implemented, with courts required to interpret and apply the new rules consistently. As NSW moves toward reform, observers will be watching for how the changes interact with other aspects of sentencing, including objectives around punishment, rehabilitation, and community safety. Any final form will hinge on legislative detail and ongoing judicial guidance, and the public will likely hear more about the proposal as it progresses through parliament.
