09/10/2026
Justice Department Launches Consultation On Good Character References At Sentencing
The Department of Justice has opened a public consultation on how good character references are used during sentencing in certain criminal cases in Northern Ireland.
Views are invited on a number of options, including retaining the present legal approach, introducing a requirement that character references be provided by affidavit, and restricting the circumstances in which such references may have a mitigating effect.
Launching the consultation, Justice Minister Naomi Long said: "I have been concerned for some time about potential inequalities between defendants and complainants when it comes to good character evidence.
"This is particularly the case when it comes to sexual offending.
"As a result, I asked my officials to urgently consider how this matter could be addressed during the current Assembly mandate.
"We now want to hear from the public on this very important issue."
At present, courts must consider mitigating factors when deciding sentence, which can include evidence of an accused person's good character. This may be presented through references from employers, family members or community representatives. While such evidence can result in a reduced sentence, it is not automatic; any weight attached depends on the facts and seriousness of the offence. The proposals reflect the position in Northern Ireland and other jurisdictions and are intended as an initial response to issues identified. Wider questions about the use of good character evidence during criminal proceedings will be taken forward in the next Assembly mandate.
The Minister continued: "If this consultation exercise identifies a simple legislative change that could have an impact, I will consider the possibility of bringing forward an amendment to the law for consideration during this Assembly mandate.
"However, the legislative framework governing character evidence at trial is complex.
"Any reform would require careful consideration to ensure no diminution of the right to a fair trial.
"Fairness is a fundamental pillar of any justice system and I am determined to ensure that our criminal justice system in Northern Ireland delivers fairness for everyone.
"This is your chance to use your voice and help to shape policy, and I would urge anyone with an interest in this issue to respond to the consultation."
The consultation runs for eight weeks and closes at 5.00 pm on 3 December. It is available at: www.justice-ni.gov.uk/consultations
Responses can be submitted via Citizen Space at: consultations.nidirect.gov.uk/doj/good-character-references-in-criminal-proceedings or by email to: GoodCharacterReferencesConsultation@justice-ni.gov.uk
Views are invited on a number of options, including retaining the present legal approach, introducing a requirement that character references be provided by affidavit, and restricting the circumstances in which such references may have a mitigating effect.
Launching the consultation, Justice Minister Naomi Long said: "I have been concerned for some time about potential inequalities between defendants and complainants when it comes to good character evidence.
"This is particularly the case when it comes to sexual offending.
"As a result, I asked my officials to urgently consider how this matter could be addressed during the current Assembly mandate.
"We now want to hear from the public on this very important issue."
At present, courts must consider mitigating factors when deciding sentence, which can include evidence of an accused person's good character. This may be presented through references from employers, family members or community representatives. While such evidence can result in a reduced sentence, it is not automatic; any weight attached depends on the facts and seriousness of the offence. The proposals reflect the position in Northern Ireland and other jurisdictions and are intended as an initial response to issues identified. Wider questions about the use of good character evidence during criminal proceedings will be taken forward in the next Assembly mandate.
The Minister continued: "If this consultation exercise identifies a simple legislative change that could have an impact, I will consider the possibility of bringing forward an amendment to the law for consideration during this Assembly mandate.
"However, the legislative framework governing character evidence at trial is complex.
"Any reform would require careful consideration to ensure no diminution of the right to a fair trial.
"Fairness is a fundamental pillar of any justice system and I am determined to ensure that our criminal justice system in Northern Ireland delivers fairness for everyone.
"This is your chance to use your voice and help to shape policy, and I would urge anyone with an interest in this issue to respond to the consultation."
The consultation runs for eight weeks and closes at 5.00 pm on 3 December. It is available at: www.justice-ni.gov.uk/consultations
Responses can be submitted via Citizen Space at: consultations.nidirect.gov.uk/doj/good-character-references-in-criminal-proceedings or by email to: GoodCharacterReferencesConsultation@justice-ni.gov.uk
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