The Daily Aus The state banning 'good character' references in its courts
Feb 4, 2026
They unpack a landmark law reform to ban ‘good character’ references in NSW criminal sentencing. They trace the campaign that pushed the change and a survivor’s traumatic courtroom experience that sparked it. They explain how the proposed law would apply across all cases and outline the political path it faces in parliament.
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How Good Character References Work
- Good character references let judges reduce sentences by highlighting reputation or lack of criminal history.
- NSW already banned them for child victims under 16 since 2008 but they still apply to other sexual assault cases.
Review Driven By Survivor Evidence
- A 2024 government review recommended scrapping good character references after victim-survivor experiences informed it.
- That review's finding motivated the proposed NSW legislation to remove the practice from sentencing considerations.
Survivor's Courtroom Trauma
- Harrison James described being abused by his stepmother from ages 13 to 16 and how her perceived good character enabled contact with his family.
- He said hearing their praise in court compounded his trauma and felt devastating for survivors seeking justice.