Character References

Previously the Crimes (Sentencing Procedure) Act 1999 enabled offenders to provide a ‘character reference’ to the Court on sentence to establish as a factor in mitigation of the seriousness of their offending that the offender was otherwise of good character. 

The Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026 will operate to abolish prior good character as a mitigating factor in sentencing under Section 21A of the Act. The practical impact of this amendment means that from the commencement of this legislation, offenders will be unable to tender references from employers, family or friends to the Court that seek to establish they are a person of good character when being sentenced.

Schedule 1[6] of the Bill describes the objects of the amendments as:

1. The principle or rule of common law that requires or allows good character to be considered by a Court as a mitigating factor in determining the appropriate sentence for an offence is abolished, and 
2. A Court, in determining the appropriate sentence for an offence, must not consider evidence adduced solely for the purpose of establishing good character, but this does not prevent a Court from considering evidence adduced for another purpose or principle of, or factor in, sentencing.

The amendment does not preclude Defendants from tendering references or documents which establish prospects of rehabilitation, the Defendant’s remorse and responsibility, the treatment engaged in by the Defendant in response to the offence or other matters relevant to the sentencing exercise. 

The change to the legislation only abolishes the use of good character on sentencing. It does not remove or change the availability of a ‘good character’ direction in contested matters such as hearings or trials. 

You should obtain advice about whether you should use these kinds of documents at all and their content from an experienced criminal lawyer.