- Cook Labor Government scraps good character references at sentencing hearings
- Reforms put victims first and build on recommendations of Royal Commission
- Cook Labor Government committed to building safe communities
Good character references will no longer be able to be used by courts as a mitigating factor at sentencing following landmark reforms announced today.
There have been growing concerns offenders with a professional standing, community status, or strong personal networks are perceived as getting more favourable treatment by arranging friends, family, and colleagues to provide good character references.
Concerns also relate to the use of the references in sentencing causing more distress to victims.
The Royal Commission into Institutional Responses to Child Sexual Abuse recommended the removal of references in cases involving child abuse, however the Cook Labor Government has decided to expand this to all sentencing hearings.
Drafting of a Bill to address the Royal Commission's recommendation is already well progressed. This legislation will now be expanded to include amendments to the Sentencing Act 1995 (WA) to remove the use of good character references as mitigation in sentencing for all offences.
The reform will ensure sentencing is focused on the offences committed and not the offender's reputation. It also reduces the potential for inequality in sentencing where well-connected individuals may receive an advantage because of their references.
The reform will not prevent courts from considering relevant factors such as an offender's prospects of rehabilitation, absence of prior convictions, or personal circumstances.
As stated by Attorney General Dr Tony Buti:
"The Cook Labor Government is committed to protecting the community, and our decision to scrap good character references at sentencing hearings ensure that victims are always put first.
"I have had meetings with advocates for victim-survivors and heard how distressing it can be when a criminal's professional standing and community reputation are used to try to reduce their sentence.
"This is particularly distressing in cases of child abuse and sexual assault when a perpetrator's friends and colleagues may be unaware of the perpetrator's sinister behaviour.
"This is important reform was already well advanced for child abuse cases, and expanding it to scrap character references for other sentencing hearings is an important next step.
"We have begun drafting these important reforms and will consult the profession and other key stakeholders during that process."
