Key Takeaways
- The NSW government is proposing to abolish the use of good character references during sentencing hearings in all criminal trials.
- The legislation aims to reduce trauma for victims by preventing convicted offenders from relying on evidence from character references in court.
- Child sexual offenders are already prohibited from using good character references if it assisted them in committing the offence.
- The proposed legislation will still allow courts to consider evidence related to rehabilitation and reoffending.
- The reform is seen as a significant shift in justice, prioritizing survivors’ trauma over an offender’s social reputation.
Introduction to Sentencing Reforms
The New South Wales (NSW) government is set to introduce legislation that will abolish the use of good character references during sentencing hearings in all criminal trials. This proposed legislation aims to reduce trauma for victims by preventing convicted offenders from relying on evidence from character references in court. The move follows recommendations from the NSW Sentencing Council and is seen as a historic shift in justice. Currently, child sexual offenders are already prohibited from using good character references if it assisted them in committing the offence, known as the special rule.
Proposed Legislation and Its Implications
The proposed legislation will amend the Crimes (Sentencing Procedure) Act 1999 and will be introduced to state parliament this week. Once passed, courts will no longer be able to consider good character references as a mitigating factor during sentencing. However, courts will still be able to consider evidence relating to factors including someone’s prospects of rehabilitation and the likelihood of reoffending. A lack of previous convictions will also be retained as a mitigating factor during sentencing. This means that while good character references will no longer be admissible, other factors that may indicate a lower risk of reoffending will still be taken into account.
Advocacy and Support for the Reforms
The proposed legislation has been welcomed by advocates, including Harrison James and Jarad Grice, cofounders of Your Reference Ain’t Relevant. James, a survivor of child sexual abuse, described the proposed legislation as a "historic shift in justice." He stated that the reform ensures survivors’ lived trauma outweighs an offender’s social reputation and thanked the attorney-general and NSW government for listening and acting on their campaign. The NSW Attorney-General, Michael Daley, also expressed support for the reforms, stating that convicted criminals will no longer be able to use their reputation to minimize culpability.
The Impact on Victims and Survivors
The proposed legislation is seen as a significant step forward in prioritizing the needs and trauma of victims and survivors. As Daley noted, "Victim survivors shouldn’t have to sit in court and hear the person who hurt them or their loved one described as a ‘good person’." The reforms aim to reduce the trauma and distress caused to victims and survivors by the use of good character references in court. By preventing offenders from relying on these references, the legislation aims to create a more just and fair system for all parties involved.
Conclusion and Next Steps
The proposed legislation is set to be introduced to state parliament this week and is expected to pass, making NSW the first Australian state to abolish the use of good character references in sentencing hearings. The reforms are seen as a significant shift in justice, prioritizing survivors’ trauma over an offender’s social reputation. As the legislation moves forward, it is likely to have a significant impact on the way courts approach sentencing, and it will be important to monitor its implementation and effects on victims, survivors, and the broader community. Support services, such as the National Sexual Assault, Domestic and Family Violence Counselling Service and Kids Helpline, will continue to play a crucial role in providing support and advocacy for those affected by crime and trauma.
