Victoria bans character references for violent crime sentencing
Criminals convicted of violent crimes will no longer be allowed to apply for good character references to reduce their sentences in a second Australian state.
The Allan government in Victoria has announced the state is ready to follow in NSW’s footsteps by removing the measure from the courts.
People with previous convictions were able to submit character references before sentencing hearings as part of legal mitigation measures.
But Attorney General Sonya Kilkenny confirmed legislation will be introduced mid-year to eliminate this.
“Crime victims—they have to hear in court that the person who harmed them was a ‘good person,’” he said.
“This exacerbates the trauma, diminishes their experience, and they are unable to move on.”
At the beginning of the month, officials in NSW confirmed Victoria would be the first state in Australia to adopt the approach it is now emulating.
Prime Minister Jacinta Allan wrote in a Facebook post: “If you commit a crime like rape, you are not of good character and do not deserve glowing references.”
“As if being a ‘good guy’ makes the violence you commit disappear, it doesn’t and it won’t be that way anymore.
“Our justice system should never re-traumatize victims to protect the image of criminals.”
Good character references are formal letters written to the court that outline the defendant’s personal qualities, behavior, and role in society.
These are often written by friends, family or colleagues to put the crime in an out-of-character context.
These documents can only be produced with the prosecutor’s permission and are already restricted in some child sexual abuse cases.
However, new laws will completely eliminate them.
