End of "Good Character" at Sentencing
Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Act 2026 (NSW)
In February 2026, the New South Wales Government introduced a landmark legal reform through the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Act 2026. This legislation fundamentally changes how character references are used in all NSW courts — including the Local Court at Belmont, Toronto, Newcastle and Maitland.
The End of "Good Character" as a Mitigating Factor
Previously, under the Crimes (Sentencing Procedure) Act 1999, a magistrate or judge could legally reduce a person's sentence if they were proven to be of "good character." This was routinely established by handing up character references from friends, employers, or community figures praising the offender's reputation, community contributions, and general good nature.
Under the new 2026 rules, "good character" has been completely abolished as a mitigating factor for all criminal offences in NSW. This applies to every type of offence — from low-level traffic and drug charges in the Local Court to serious indictable matters in the District and Supreme Courts.
Are Character References Completely Banned?
No — character references are not banned. But their purpose and acceptable content have strictly changed. You can no longer submit a letter simply stating that the offender is a "good bloke," "highly respected," or "kind and generous." If a reference relies on reputation-based claims or general praise to minimise the offending, the court cannot give it weight.
Instead, any reference provided to the court must do real, practical work to assist the magistrate. References must now focus on concrete facts rather than subjective opinions.
What References Can Still Address
Prospects of Rehabilitation
Evidence of steps taken since the offence — counselling, traffic offender programs, or genuine lifestyle changes.
Likelihood of Reoffending
Factual reasons why the court should believe the behaviour will not be repeated.
Personal Circumstances
Relevant details regarding the offender's health, mental condition, or hardship.
Impact of the Sentence
How a conviction or specific penalty might affect employment or dependants.
Genuine Remorse
Demonstrated understanding of the harm caused by the offending behaviour.
Note: A lack of previous criminal convictions remains a standalone mitigating factor, but it can no longer be used as a stepping stone to argue that the person is of "good character."
Why Were the Laws Changed?
The reforms followed a 2025 review by the NSW Sentencing Council and years of advocacy from victim-survivor groups — most notably the Your Reference Ain't Relevant campaign led by survivors of child sexual abuse.
Preventing Re-traumatisation
Victim-survivors reported that sitting in court and listening to the person who harmed them being praised as a "good person" was deeply distressing and minimised the crime.
Addressing Inequality
The Sentencing Council found that the "good character" system heavily favoured privileged, wealthy, or well-connected offenders who could easily source glowing references from influential people. Those experiencing social disadvantage or intellectual disabilities were often left without the same ability to mitigate their sentences.
Focusing on the Crime
The overarching goal is to ensure sentencing focuses strictly on the objective seriousness of the offence, the harm caused, and the risk to the community — rather than the offender's social reputation.
What This Means for Your Matter
If you are facing sentencing in 2026, the way your solicitor prepares and presents your case has fundamentally changed. Character references must now be carefully drafted to address rehabilitation, remorse, and personal circumstances — not reputation. Rob Williams can advise you on how to present the strongest possible case under the new rules. Contact us for a free first consultation.