27/02/2026

A blanket ban on the use of character references in sentencing as being proposed by the Victorian Government is too broad and is not fair, says the Australian Lawyers Alliance.

“Every person and every criminal case is unique,” said Mr Greg Barns SC, spokesperson for the Australian Lawyers Alliance (ALA).

“Enforcing blanket rules that apply across the board denies procedural fairness to individuals and removes the discretion of the courts.

“While we have not yet reviewed the proposed legislation in Victoria, the scope appears to be far too broad.

“The removal of the use of character references for every crime limits the ability of the court to make informed sentencing decisions.

“Judges should have the discretion to take statements explaining why actions are out of character into consideration. This helps a judge to make appropriate and tailored sentencing decisions.

“There may be some circumstances and some crimes when the use of character references is not appropriate but to remove this option for every criminal offence is a step too far.”