NSW scraps good character in sentencing for sexual offences

What you need to know

• Legislation: Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Act 2026 (NSW)

• Amends: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(f)

• Passed: 12 May 2026

• Assented: 18 May 2026

• Commences: On proclamation (date not yet set)

• Scope: Sexual offences (broadly, Division 10 of Part 3 of the Crimes Act 1900 (NSW))

• Effect: Good character can no longer be taken into account as a mitigating factor when sentencing for sexual offences

The Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Act 2026 (NSW) passed on 12 May and assented on 18 May 2026. Once proclaimed, it will remove good character as a mitigating factor under s 21A(3)(f) of the Crimes (Sentencing Procedure) Act 1999 (NSW) for sexual offences with the insertion of s 21A(5AA) which provides that “good character must not be considered as a mitigating factor". The reform is narrower than the Government originally intended, but the Government has made clear it is not finished.

Character references are among the most common documents tendered on sentence. The Court is invited to treat the offender’s good character as a factor in mitigation and that long-standing feature of sentencing practice is now being significantly narrowed.

Good character removed as a mitigating factor for sexual offences

Attorney General Michael Daley introduced the Bill on 4 February 2026 with the intention of removing good character as a mitigating factor for every offence. That ambition was pared back in the Legislative Council. The Greens and the Coalition agreed to the amendment only insofar as it applies to sexual offences and the broader reform was confined accordingly.

The Government accepted that partial result but does not consider it sufficient. It has signalled that it intends to keep pushing for the abolition of good character as a mitigating factor across every offence category.

The position is that s 21A(5AA) will be introduced so that good character cannot be taken into account when sentencing for sexual offences. That category broadly covers the kinds of offences found in Division 10 of Part 3 of the Crimes Act 1900 (NSW) and includes sexual assault, aggravated sexual assault, sexual touching, child sexual offences, grooming, persistent sexual abuse of a child and offences involving child abuse material. For everything else, the position is unchanged.

These changes do not commence until proclamation.

The existing restriction for child sexual offences under s 21A(5A)

There has been a similar restriction on good character for some time. Section 21A(5A) of the Crimes (Sentencing Procedure) Act 1999 has provided that good character (and the absence of previous convictions) cannot be taken into account when sentencing for a child sexual offence, but only where the Court is satisfied that the offender’s good character was of assistance in the actual commission of the offence.

The new amendment goes further. It removes good character for sexual offending altogether.

How good character references work under s 21A(3)(f)

Prior to sentencing, the case for the offender is prepared and documentary material gathered. Often, that material includes character references as letters written by people who know the offender and speak to the type of person they are. An offender said to be of good character will generally have either no prior convictions or only an insignificant record. That absence of prior offending is said to speak to the person’s ability to live a crime-free life, and the references support the broader submission that the offending was “out of character.”

Section 21A(3)(f) rarely applies on its own. It tends to sit alongside subsections (e), (g) and (h): that the offender has no significant record of previous convictions, is unlikely to reoffend and has good prospects of rehabilitation. These subsections are generally considered together as part of the one milieu, with each lending weight to the others. A finding of good character is often the platform from which the no-significant-record point, the unlikely-to-reoffend point and the rehabilitation point are all advanced.

Why the NSW Sentencing Council recommended abolition

The NSW Sentencing Council delivered its report, Good Character at Sentencing, to the Attorney General in July 2025. It was publicly released on 1 February 2026. The Council’s review was prompted in part by advocacy from the Your Reference Ain’t Relevant campaign, co-founded by Harrison James and Jarad Grice.

As part of an extensive consultation process, the Council received submissions from a range of organisations and individuals. Many of those submissions made clear the substantial harm caused to victim-survivors by good character references.

The Council’s principal concern was the harm caused to victims who are required to sit in court and listen to an offender being described as someone of otherwise good character. That experience, the Council found, was a significant source of further distress on top of the original offending and one that the criminal justice system was inflicting needlessly. The concern was particularly acute in sexual offending matters, where the offender’s standing in the community is so often part of how the offending was enabled in the first place — and where the same standing then re-emerges as part of the mitigation.

The Council also found that the evidence itself is vague and subjective. It is not equally available to all offenders: those with extensive professional, sporting and community networks have an advantage on this point that other offenders simply do not.

On the strength of those findings, the Council recommended that good character be removed entirely as a mitigating factor on sentence.

What this means for criminal law practitioners

Good character in sexual offences will no longer be taken into account. That does not mean such material falls away entirely. The Court still has to take into account the whole of the offender’s circumstances under common law sentencing principles. Material that goes to prospects of rehabilitation, remorse, insight or specific personal circumstances will still be relevant and admissible.

Will good character be removed for all offences?

For all other offences, the position is, for the moment, unchanged. But the Government has said in plain terms that it considers the reform unfinished and a further bill is on its way. Whether the Greens and the Coalition shift their position the second time around remains to be seen.

Disclaimer: The information provided in the articles in this section are of a general nature should not be construed as specific advice or relied upon in lieu of appropriate professional advice. Whilst LEAP uses commercially reasonably efforts to ensure the information in these articles are up to date at the time of publication, LEAP does not warrant their accuracy, currency or completeness and excludes all loss or damage howsoever arising (including through negligence) in connection with the information contained in these articles.

Frequently asked questions

Can I still tender character references in NSW?

For offences other than sexual offences: yes, the position is unchanged. For sexual offences, good character can no longer be taken into account as a mitigating factor once the amendments commence.

When do these changes take effect?

The Act has passed but commences on proclamation. As of the date of this article, no commencement date has been set.

Does this apply to proceedings already under way?

The transitional provisions indicate that the new legislation apply to sentencing proceedings begun but not finalised before commencement and a sentence imposed after, the commencement of the amending Act in relation to the following:

(a) an offence committed before or after the commencement of the amending Act; and

(b) criminal proceedings commenced before or after the commencement of the amending Act.

Can rehabilitation evidence still be used for sexual offences?

Yes. Material going to prospects of rehabilitation, remorse, insight or specific personal circumstances remains relevant and admissible. The restriction applies to evidence adduced solely for the purpose of establishing good character.

Will this be extended to domestic violence and other offences?

The Government has indicated it intends to introduce a further bill to remove good character across all offences. No timeline has been confirmed.