Long seeks views on good character references
Date published:
The Department of Justice has today launched a public consultation on the use of good character references at sentencing in certain criminal proceedings.
Views are being sought on a range of proposals, including the retention of the current legal position, and the introduction of a requirement for good character references to be made by affidavit.
The public consultation is also seeking views on a potential restriction on the circumstances in which good character references may have a mitigating effect at sentencing.
Launching the consultation, Justice Minister Naomi Long said: “I have been concerned for some time about potential inequalities between defendants and complainants when it comes to good character evidence.
“This is particularly the case when it comes to sexual offending.
“As a result, I asked my officials to urgently consider how this matter could be addressed during the current Assembly mandate.
“We now want to hear from the public on this very important issue."
At present, the law requires a court, when determining a person’s sentence for a criminal offence, to consider mitigating factors, which can include evidence of the accused’s good character. This can take the form of a character reference provided by an employer, family member or community figure.
Whilst this evidence can lead to a reduction in sentence, it is not guaranteed, and any weight assigned to the good character of the defendant at sentencing will be dependent on the facts of the case and the seriousness of the offence.
The proposals take account of the current position in Northern Ireland and in other jurisdictions, and are designed as a first response to some of the issues and challenges that have arisen.
Further work will be required in the next Assembly mandate in relation to wider concerns about the use of good character evidence during criminal proceedings.
The Minister continued: “If this consultation exercise identifies a simple legislative change that could have an impact, I will consider the possibility of bringing forward an amendment to the law for consideration during this Assembly mandate.
“However, the legislative framework governing character evidence at trial is complex.
“Any reform would require careful consideration to ensure no diminution of the right to a fair trial.
“Fairness is a fundamental pillar of any justice system and I am determined to ensure that our criminal justice system in Northern Ireland delivers fairness for everyone.
“This is your chance to use your voice and help to shape policy, and I would urge anyone with an interest in this issue to respond to the consultation.”
The consultation will run for eight weeks and closes at 5.00 pm on 3 December. It is available on the Department’s website at:
https://www.justice-ni.gov.uk/consultations
Responses may be submitted online via Citizen Space at:
https://consultations.nidirect.gov.uk/doj/good-character-references-in-criminal-proceedings
or by email to:
GoodCharacterReferencesConsultation@justice-ni.gov.uk
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