🔥 Gündem Western Australia's Plan to Ban Character References in Criminal Cases

Western Australia's 'Good Character' Reference Ban: An Overview

Western Australia (WA) is moving to abolish the use of "good character" references in sentencing hearings for all criminal cases ². This legislative change aims to prevent offenders from using character references as a mitigating factor to reduce their sentences ²⁸.

Background and Rationale

Historically, in Australia, Section 21A(3)(f) of the Crimes (Sentencing Procedure) Act 1999 has allowed courts to consider an offender's good character as a factor that could potentially lessen the severity of a sentence ⁸. This meant that individuals could submit letters or testimonies from others attesting to their good character, hoping to influence the court's decision during sentencing ⁸.

The move to ban these references in WA stems from concerns that such references disproportionately benefit certain segments of the population. For instance, the NSW Aboriginal Women’s Advisory Network suggested that the ability to benefit from a good character reference is often connected to "White privilege and proximity to institutional power" ⁵. This highlights an argument that the system, as it stood, might inadvertently perpetuate inequalities within the justice system by favoring those with social connections or resources to obtain such references ⁵.

Implications of the Ban

The ban signifies a shift in how courts in Western Australia will approach sentencing. By removing good character references as a mitigating factor, the focus is expected to shift more squarely onto the nature of the crime and the offender's direct culpability, rather than their perceived reputation or social standing ².

This change is part of a broader effort to ensure a more equitable and consistent application of justice. While some may argue that character references offer valuable insight into an offender's potential for rehabilitation or their community contributions, the WA government's decision suggests a prioritization of reducing potential biases in sentencing outcomes ².

It is important to note that this ban specifically targets the use of character references in court sentencing hearings and applies to all criminal cases within Western Australia ². This development, reported on August 25, 2026, reflects an ongoing re-evaluation of sentencing procedures within the Australian legal system ².