Naomi Long: Justice minister to consider reforming of character references

Stormont’s justice minister is looking at potential reform of the use of character references at sentencing in certain court cases in Northern Ireland.

Last month, Northern Ireland’s top judge Dame Siobhan Keegan said there was a “discussion” to be had about their use, amid concerns from victims that they have no opportunity to challenge them in court.

The use of character references in certain cases including rape, sexual assault and abuse has been debated in Northern Ireland for some time.

Launching a public consultation, Naomi Long said she would explore how quickly the issue can be addressed before this assembly term ends next March.

The minister said she had been “concerned for some time about potential inequalities between defendants and complainants”.

She added: “This is particularly the case when it comes to sexual offending.”

At present, the law requires a court, when determining a person’s sentence for a criminal offence, to consider mitigating factors, which can include evidence of the accused’s good character.

This can take the form of a character reference provided by an employer, family member or community figure.

The Department of Justice said views are being sought on a range of proposals, including keeping the current legal position as well as introducing a requirement for such references to be made by affadavit (under oath).

The public consultation is also seeking opinions on potentially restricting the circumstances in which good character references may have a mitigating effect at sentencing.