The Victorian Government has announced it will introduce legislation to remove the use of ‘good character’ references during criminal sentencing.
Currently, judges in the state can consider letters from friends and family when sentencing an offender.
The move follows similar announcements in NSW, the ACT, and Queensland.
Good character
A character reference is a formal letter addressed to the judge in a criminal case, submitted to mitigate an offender’s sentence.
These references are typically written by the offender’s friends, family or colleagues and outline their personal qualities, prior reputation, criminal history (or lack thereof), and any achievements or community contributions.
In Victoria, the use of character references is already banned in certain child sexual abuse cases.
Changes
The Victorian Government is now proposing to ban character references across all criminal cases in the state.
Judges would still be able to take other factors into account, including the likelihood of reoffending.
Victoria’s Attorney-General Sonya Kilkenny said the reform is aimed at abolishing a system that “compounds the trauma” and “diminishes the experience” of victim-survivors.
Your contribution ensures The Daily Aus can continue doing the work you love.
I want to give $10 monthly to help TDA keep doing the news.
Your details:
The Government is likely to introduce a bill to Parliament mid-year.
Advocacy
Your Reference Ain’t Relevant is an organisation campaigning for the reform across several jurisdictions.
In a statement to TDA, co-founder Harrison James described the move as “not just a technical change to sentencing law” but a “cultural shift”.
“We have to ask ourselves who are we as a society if we allow serious offenders to be described in glowing terms in courtrooms while victims sit metres away... Australia is beginning to confront that”.
Wider reform
Earlier this month, NSW passed similar legislation.
It came after a 2024 Government-commissioned review into the use of ‘good character’ evidence found the practice to be “deeply re-traumatising”.
In December last year, the ACT introduced a bill to scrap its use in child sexual offences cases.
Additionally, in May last year, Queensland also moved to limit the circumstances in which sex offenders can rely on it during sentencing.
