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NSW to remove ‘good character’ from being considered at sentencing hearings in nationwide first | The Guardian

The NSW government will introduce legislation to remove ‘good character’ from being considered at sentencing hearings, following a recommendation from a review led by the retired supreme court judge Peter McClellan (pictured). Photograph: AFP/Getty Images

This is a share of the The Guardian article “NSW to remove ‘good character’ from being considered at sentencing hearings in nationwide first” by Penry Buckley, 1 Feb 2026.

[The Guardian Article Extract]

Survivors of sexual abuse welcome the ‘monumental shift’ in how courts approach sentencing, while others say it could limit defendants’ rights
Offenders convicted of any crime will no longer be able to rely on glowing character references during sentencing under changes being introduced in New South Wales, in a move supported by survivors of sexual abuse but which others say could limit defendants’ rights.

On Wednesday, the state government will become the first nationwide to introduce legislation to remove “good character” from being considered at sentencing hearings, when judges hear about someone’s prior record, general reputation and any positive contributions to society as mitigating factors.
It follows a recommendation from a NSW sentencing council review released on Sunday, which was commissioned in April 2024 after a campaign by Your Reference Ain’t Relevant to remove good character references during sentencing for child sex offenders.

Under NSW’s current laws, child sex offenders are subject to a “special rule”, meaning they cannot rely on good character or a lack of previous convictions during sentencing if the court decides those factors helped them commit the offence.

The majority of the 16-person sentencing council, led by the retired supreme court judge Peter McClellan, called for the abolition of good character considerations for all offences, although two members provided dissenting opinions.

by Penry Buckley

Read the full article at The Guardian >>

 

Photo (“The NSW government will introduce legislation to remove ‘good character’ from being considered at sentencing hearings, following a recommendation from a review led by the retired supreme court judge Peter McClellan (pictured). Photograph: AFP/Getty Images”)

 

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