Tasmania to Block ‘Good Character’ References for Serious Offenders in Court, Following National Trend
- Tasmanian government to introduce legislation to stop “good character” references from lessening sentences for serious offenders
- Campaigner for victims of sexual abuse hails move as “real and exciting” national momentum
- Victoria, New South Wales, and the ACT have recently introduced similar changes to restrict the use of “good character” references in court
- Tasmania aims to ensure sentencing meets “modern community standards” and prioritizes victims’ experiences
The Tasmanian government has announced plans to block the use of “good character” references in court for serious offenders, following a national trend to restrict the practice. Attorney-General Guy Barnett says the state will introduce legislation to stop the use of “good character” references from lessening sentences for all serious offending.
The move is a significant step forward for victims of crime, who often have to sit in court and hear that the person who harmed them was of “good character”. Barnett says victims should not have to endure this, and that the government is determined to ensure that sentencing meets modern community standards.
In 2016, Tasmania introduced laws to restrict the use of “good character” references in sentencing for sexual offences. However, the state is now consulting on further changes to stop the ability of good character references being used in all serious offending. There may be exceptions for lesser offences in specific circumstances.
The campaigner for victims of sexual abuse, Harrison James, has welcomed the move, saying it represents “real and exciting” national momentum. James, who co-founded the Your Reference Ain’t Relevant campaign, has been pushing for legislative changes across several jurisdictions.
Since 2022, James and his co-founder Jarad Grice have successfully pushed for changes in the Australian Capital Territory, New South Wales, and Victoria. Queensland has also introduced legislative changes that limited the use of good character references during the sentencing of convicted sex offenders.
Analysis: What This Means for Australia
The move by Tasmania to block “good character” references in court is a significant step towards prioritizing victims’ experiences and ensuring that sentencing meets modern community standards. It also reflects a broader national shift in how courts understand harm and accountability.
Security analysts say that the change will help to restore confidence in the justice system and ensure that it is more responsive to the needs of victims. Law enforcement insiders warn that the use of “good character” references can often downplay the severity of crimes and undermine public trust in the justice system.
Industry observers believe that the move will have far-reaching implications for the way that crimes are prosecuted and sentenced in Australia. It will also send a strong message that the justice system is committed to holding offenders accountable and prioritizing the experiences of victims.
As the remaining states and territories consider similar changes, it is clear that the use of “good character” references in court is no longer tenable. The move by Tasmania is a critical step towards creating a more just and equitable justice system that prioritizes the needs of victims and survivors.
