Legislative Amendment Regarding the Admissibility of Character Evidence in New South Wales Sentencing.

May 13, 2026, 05:30
AustraliaPolitics

Introduction

The New South Wales government has implemented reforms that prohibit the use of good character references as mitigating factors in the sentencing of sexual offence perpetrators.

Main Body

The legislative trajectory of this reform was characterized by a divergence in objectives between the Labor government and the upper house. The administration, led by Premier Chris Minns and Attorney-General Michael Daley, initially proposed a comprehensive abolition of character evidence across all criminal categories. However, due to the government's minority position in the upper house, the passage of the bill necessitated a rapprochement with the Coalition and the Greens. Consequently, the scope of the legislation was restricted exclusively to sexual offences. Stakeholder positioning revealed a tension between victim advocacy and judicial discretion. The #YourReferenceAintRelevant campaign, spearheaded by survivors Harrison James and Jarad Grice, advocated for a total ban to prevent the perceived glorification of offenders during proceedings. Conversely, institutional bodies—including Legal Aid NSW, the NSW Bar Association, and the Law Society of NSW—expressed reservations regarding a blanket prohibition, citing the role of character evidence in facilitating rehabilitation. Furthermore, Domestic Violence NSW posited that the absence of such evidence could prejudice vulnerable individuals misidentified as perpetrators within domestic conflict scenarios. In response to the scaled-back legislation, the government has re-introduced the original, broader reforms via a separate bill. This action serves as a mechanism to exert political pressure on the Coalition and the Greens, whom Attorney-General Daley has accused of neglecting the interests of victim-survivors.

Conclusion

While the current law now excludes character references for sexual offences, the government continues to seek a total ban for all criminal sentencing.

Learning

The Architecture of Nominalization and 'Academic Density'

To bridge the gap from B2 (where communication is clear and functional) to C2 (where communication is precise and authoritative), one must master Nominalization. This is the process of turning verbs or adjectives into nouns to shift the focus from actions to concepts.

Observe this specific evolution from the text:

"The legislative trajectory of this reform was characterized by a divergence in objectives..."

The C2 Mechanism: Conceptual Displacement At a B2 level, a writer might say: "The government and the upper house disagreed on what they wanted to achieve as the law changed." While correct, this is narrative. The C2 version is conceptual.

  • "Legislative trajectory" →\rightarrow Replaces the process of changing a law with a spatial metaphor (a path/trajectory), suggesting a formal, inevitable movement.
  • "Divergence in objectives" →\rightarrow Instead of using the verb disagree, the writer creates a noun phrase. This allows the "divergence" to become the subject of the sentence, treating the disagreement as an objective phenomenon rather than a personal conflict.

High-Utility Lexical Precision

Beyond structure, C2 mastery requires words that carry specific political and social weight. Notice these three selections:

  1. Rapprochement /ˌræprəˈʃɒnmə̃/
    • Nuance: Not just an "agreement," but the re-establishment of harmonious relations between parties who were previously estranged. It implies a diplomatic process.
  2. Blanket prohibition
    • Nuance: "Blanket" functions here as an adjective meaning "total" or "all-encompassing." It suggests a lack of nuance or exception, often used in legal critiques.
  3. Posited
    • Nuance: More formal than "suggested" or "argued." To posit is to put forward a premise as the basis for an argument.

The 'Formal Pivot' Technique

Look at how the author handles conflict:

  • "...the passage of the bill necessitated a rapprochement..."

By using "necessitated," the author removes human agency. It wasn't that the politicians decided to talk; it was that the situation made it necessary. This "distancing" is a hallmark of C2 academic and legal English, providing an air of objectivity and inevitability.

Vocabulary Learning

trajectory (n.)
The path or course that something follows over time.
Example:The trajectory of the bill shifted dramatically after the opposition’s counter‑motion.
divergence (n.)
A point or points at which two or more lines or courses separate or differ.
Example:The divergence in objectives between the Labor government and the upper house stalled progress.
mitigating (adj.)
Acting to lessen the severity or impact of something.
Example:Good character references were considered mitigating factors in sentencing.
comprehensive (adj.)
Complete and covering all or nearly all elements or aspects.
Example:The proposal called for a comprehensive abolition of character evidence.
abolition (n.)
The act of formally ending or abolishing something.
Example:The abolition of character references was a key demand of the reformers.
necessitated (v.)
Made necessary; required as a consequence.
Example:The minority position necessitated a rapprochement with the Coalition.
rapprochement (n.)
An establishment of friendly relations after a period of hostility or disagreement.
Example:A rapprochement with the Greens was essential for the bill’s passage.
tension (n.)
A state of mental or emotional strain or conflict.
Example:Stakeholder positioning revealed a tension between victim advocacy and judicial discretion.
advocacy (n.)
Active support or promotion of a cause or policy.
Example:The campaign’s advocacy sought to influence public opinion on the ban.
discretion (n.)
The quality of being careful, especially in speech or action.
Example:Judicial discretion allows judges to weigh character evidence in sentencing.
glorification (n.)
The act of praising or idealizing someone or something.
Example:Critics feared the ban would prevent the perceived glorification of offenders.
prohibition (n.)
A ban or restriction on something.
Example:A blanket prohibition on character evidence raised concerns about fairness.
facilitating (v.)
Making something easier or possible.
Example:Character evidence is said to facilitate rehabilitation of offenders.
rehabilitation (n.)
The process of restoring someone to a healthy or normal state.
Example:Rehabilitation programs rely on evidence of good character to assess progress.
prejudice (n.)
A preconceived opinion that is not based on reason or experience.
Example:The absence of evidence could prejudice vulnerable individuals mistakenly labeled as perpetrators.
misidentified (adj.)
Incorrectly identified or recognized.
Example:Misidentified victims may be wrongly charged under the new law.
scaled‑back (adj.)
Reduced in scope or intensity.
Example:The scaled‑back legislation limited the ban to sexual offences only.
exert (v.)
To apply force, influence, or effort.
Example:The government uses the bill to exert political pressure on the opposition.
political (adj.)
Relating to the government or public affairs of a country.
Example:The move was seen as a purely political maneuver rather than a legal necessity.
pressure (n.)
Force applied to influence or compel action.
Example:The bill was a tool for exerting pressure on the coalition partners.
neglecting (v.)
Failing to give proper attention or care.
Example:Daley accused the coalition of neglecting the interests of victim‑survivors.
vulnerable (adj.)
Susceptible to physical or emotional harm or injury.
Example:Vulnerable individuals may suffer from unjust accusations.
conflict (n.)
A serious disagreement or argument.
Example:Domestic conflict scenarios often involve complex legal questions.
scenario (n.)
A possible sequence of events or situation.
Example:The law’s impact on various scenarios was a major point of debate.
re‑introduced (v.)
Introduced again after being withdrawn or suspended.
Example:The government re‑introduced the original reforms via a separate bill.
broader (adj.)
More extensive or encompassing.
Example:The broader reforms aimed to address a wider range of criminal cases.
total (adj.)
Complete; absolute.
Example:The campaign demanded a total ban on character references.
criminal (adj.)
Relating to crime or the punishment of crimes.
Example:Criminal sentencing guidelines are often revised to reflect societal values.
sentencing (n.)
The act of determining the punishment for a convicted person.
Example:Sentencing decisions now exclude character references for sexual offences.