The NSW Government introduced the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026 to the NSW Parliament in early February 2026. This legislation aims to abolish the ability of convicted offenders to use “good character” as a mitigating factor to receive lighter sentences.
Here is a summary of the key aspects of the proposed reform:
- Removal of “Good Character” Evidence: The bill amends the Crimes (Sentencing Procedure) Act 1999 to stop convicted offenders from relying on evidence of their reputation, standing in the community, or previous “good” behaviour to reduce their sentence.
- Uniform Application: The new law applies to all criminal offenses, extending the restriction beyond child sexual offenders (who were already subject to a “special rule” in some cases) to all criminal proceedings.
- Exceptions and Retained Evidence: Courts will still be able to consider evidence regarding:
- An offender’s prospects of rehabilitation.
- The likelihood of reoffending.
- A lack of previous convictions.
- However, these factors cannot be used specifically to demonstrate that an offender is of “good character”.
- Retaining “Special Rule” Changes: The legislation repeals the existing “special rule” for child sex offenders and applies the ban on good character evidence across the board, making the rule more consistent, according to the NSW Government.
- Policy Goal (Trauma Reduction): The reform, advocated by the “Your Reference Ain’t Relevant” campaign, aims to reduce trauma for victim-survivors, who often have to hear their perpetrators described as “good people” in court.
- Opposition/Concerns: The NSW Bar Association has expressed opposition, arguing that the sentencing process requires an assessment of the offender as a whole person, and that prior good character is important for evaluating whether a crime was an aberration.
If you or someone you know has been charged with a criminal offence and requires legal representation contact our experienced team at Meehans today on 02 4627 3333.
This article was published on 11/03/26 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
