Good Character References in Criminal Proceedings – Proposals for Reform

Overview

The purpose of this consultation is to take views on the use of good character references at sentencing hearings in certain criminal proceedings.

When determining a person’s sentence, a court can consider any relevant personal mitigating circumstances relating to the defendant before taking its decision on the appropriate sentence. This may include evidence or information provided to the court about the defendant’s previous good character, which can take the form of references provided by, for example, an employer, family member or community figure.   Whilst this information may have the potential to contribute to a reduction in sentence, it is not guaranteed, and any weight attributed to it at sentencing will be dependent on the particular facts and circumstances of each case, including the seriousness of the offence and the need for deterrence.   

The use of good character evidence, both during a criminal trial and at sentencing, were issues that the Department had planned to consider as part of its Review of Sentencing Policy, launched on 14 January 2026. 

However, in response to growing public concern about the appropriateness of good character references at sentencing, particularly for sexual offences, the Minister has asked the DoJ to urgently consider how this matter could be addressed during the current Assembly mandate. 

This consultation document sets out the current position in relation to good character references at sentencing in criminal proceedings, both in Northern Ireland and in other jurisdictions.  More broadly, to help inform understanding of the general position and aid consideration, the document also seeks to summarise the issues relating to the use of good character references, and the challenges associated with potential reforms to the system.  Taking account of these factors, the DoJ proposes some options and issues for consultation.

If this consultation exercise identifies a simple legislative change that could have an impact on this issue, the Minister will consider the possibility of bringing forward an amendment to the law for consideration during this Assembly mandate.

Separately, the use of good character evidence during criminal trials will continue to be considered as part of the Review of Sentencing Policy. 

Why your views matter

Your views can help the Department of Justice to assess whether a revised approach to the use of Good Character References would improve the current process, providing better clarity for the public, in particular for offenders, victims of crime and witnesses, and as a result improve confidence in our justice system