WA to ban character references for all criminal cases
Criminals in the nation's largest state will no longer be able to use good character references in court sentencing hearings in a bid to reduce their punishment.
The reform ensures sentencing focuses on the crime committed, not the offender's reputation, Western Australia Attorney-General Tony Buti says.
"Our decision to scrap good character references at sentencing hearings ensures that victims are always put first," Dr Buti said on Tuesday.
"It is particularly pertinent to prevent victims of child sex abuse, sexual violence, and other offences from being re-traumatised, having to hear what a good bloke their offender is."
It also reduces the potential for inequality in sentencing where well-connected individuals receive an advantage because of their good character references, often written by friends, family, and colleagues.
The reform will not prevent courts from considering relevant factors such as an offender's prospects of rehabilitation, absence of prior convictions, or personal circumstances.
The Royal Commission into Institutional Responses to Child Sexual Abuse recommended the removal of references in cases involving child abuse.
WA was in the process of drafting legislation to end the use of character references in child abuse cases.
The Cook government was forced to broaden the ban after three government employees gave references to a Western Power senior manager who was jailed for raping a former colleague on a work trip.
"Recent events at Western Power have exposed significant public concern over the use of good character references in the WA court system,' Energy and Decarbonisation Minister Amber-Jade Sanderson said.
An independent third-party cultural review will be launched into the state-owned electricity distributor.
"Over the past two weeks, we've received information about misconduct, bullying, and wider problems within the organisation," Ms Sanderson said.
"It's clear that there are some systemic issues at Western Power, which need to be interrogated."
NSW has already banned good character references for sexual crimes, and Queensland has limited their use.
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