This could be huge. A significant change to NSW sentencing law is currently before parliament.
If passed, the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026 would remove a person’s “good character” as a mitigating factor in sentencing proceedings for criminal offences in New South Wales.
This article explains what “good character” evidence is, how it has been used in NSW courts, what the proposed changes involve, and what factors courts would still be able to consider if the Bill is passed.
What Is “Good Character” Evidence In Sentencing?
When a person is convicted of a criminal offence and proceeds to sentencing, NSW courts may consider “good character” as one of several mitigating factors when deciding the appropriate sentence. These factors are set out in section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW).
“Good character” can encompass a person’s reputation in the community, their standing among family, friends and colleagues, and evidence of meritorious conduct such as charitable work or contributions to their profession. In practice, this evidence is typically presented through written character references submitted on behalf of the person being sentenced.
Where good character is found to be relevant and established, it can justify imposing a less severe sentence than the court might otherwise consider appropriate, but it does not guarantee any particular reduction.
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What Does The Current Law Say Good Character And Child Sexual Offences?
Prior to the proposed reform, a specific restriction already applied to sentencing for child sexual offences. Under Section 21A(5A) of the Crimes (Sentencing Procedure) Act, evidence of an offender’s good character or lack of previous convictions must not be treated as mitigating if those features assisted the offender to commit the child sexual offence. For example, by helping them gain or maintain a position of trust with the victim. This is referred to as the “special rule.”
The special rule was introduced following recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse, which found that offenders in positions of trust had exploited their good reputations to gain access to victims.
What Is The Proposed Change To Good Character As A Mitigating Factor At Sentencing?
The Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026 was introduced to NSW Parliament in February 2026. As proposed, it would:
- Remove “good character” as a specific mitigating factor that can reduce sentence across all criminal offences
- Repeal the existing “special rule” that applied only to child sexual offences, applying a consistent standard across all offending
- Clarify that a lack of previous convictions must not be treated as proof of “good character,” though having no prior convictions can still be considered as a mitigating factor in its own right
The Bill follows recommendations made by the NSW Sentencing Council in its Report on Good Character at Sentencing, which was transmitted to the Attorney General in July 2025 and publicly released on 1 February 2026.
The NSW Department of Communities and Justice has stated that the reforms are intended to reduce re-traumatisation for victim-survivors, who are required to hear character evidence presented about the person who harmed them during sentencing proceedings. Also, the government has said the changes respond to concerns raised in the Sentencing Council’s review that good character evidence may operate inconsistently, as access to credible character witnesses is not equally available to all people who are sentenced.
Advocates, including the Your Reference Ain’t Relevant campaign, have argued that removing this factor would make the sentencing process more equitable and less distressing for those affected by serious offending.
What Factors Would Courts Still Be Able To Consider?
The Bill does not remove all positive or mitigating factors from sentencing. If passed, courts would still be able to consider, among other things, all within the framework of section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW):
- An offender’s prospects of rehabilitation
- The likelihood of reoffending
- The fact that the offender has no prior convictions (as a separate mitigating factor)
- An early guilty plea
- Genuine remorse and steps taken towards rehabilitation
- The offender’s age, health, and personal circumstances
What Is The Current Status Of The Bill?
The Bill is currently under parliamentary scrutiny. The NSW Legislative Council established a committee inquiry into the Bill, with a public hearing scheduled for 31 March 2026 and a report to be delivered to the Council by 14 April 2026.
The NSW Bar Association has publicly raised concerns about the proposed changes, submitting that the sentencing process should involve an assessment of the whole person, and that prior good character has traditionally been considered relevant to evaluating whether an offence represents an aberration in an otherwise law-abiding life.
Until any amendment commences, the existing provisions of the Crimes (Sentencing Procedure) Act 1999 continue to apply to sentencing proceedings in NSW.
What This Means If You Are Facing Sentencing And Relying On Good Character
If you are currently facing criminal charges or awaiting a sentencing hearing in NSW, the law as it currently stands still permits good character evidence to be considered by the court in most matters. However, this position is subject to change depending on the outcome of the parliamentary process.
Sentencing in NSW is a complex area of law. The weight given to any particular factor depends on the nature of the offence, the circumstances of the offending, the individual’s background, and the discretion of the presiding judge or magistrate. If you have questions about how sentencing works or how a proposed change in the law may affect your matter, it is important to obtain legal advice specific to your circumstances.
Speak To Our Sydney Criminal Defence Lawyers Today
If you are facing sentencing or criminal charges in New South Wales, do not wait. The law is changing and the advice you receive now can make a real difference to the outcome of your matter.
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This article contains general information about proposed sentencing reforms in New South Wales as at March 2026. It is not legal advice. Anyone facing a criminal charge or sentence should obtain advice about their specific circumstances.
At the time of writing (March 2026), the Bill described in this article has been introduced to NSW Parliament but has not yet passed. The details below describe the reform as proposed and may change during the parliamentary process.
