NSW Ban on Using Good Character to Reduce Criminal Sentences

Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

courts can no longer reduce a person's sentence because they have good character — the long-standing common law principle that allowed good character as a mitigating factor at sentencing is abolished by statute
evidence of good character may still be relevant for other sentencing purposes (such as assessing prospects of rehabilitation), but it cannot directly reduce the sentence for the offence
the effect of these changes will be reviewed by government and reported to Parliament within a specified period

The Debate

What different members said when this bill was debated:

Damien Tudehope LIB

“I speak on behalf of the Opposition in debate on the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026.”

Official source →

Sue Higginson GRN

“On behalf of The Greens, I contribute to debate on the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026. I indicate that The Greens support the bill but foreshadow that we will move amendments in the Committee of the Whole stage. The Greens support removing good character as a mitigating factor for sexual offenders at sentencing.”

Official source →

Susan Carter LIB

“Good lawmaking requires the courage to make necessary changes but also the wisdom to listen to the views of stakeholders so that the changes made work well and work for the benefit of the whole community. Getting the settings right first is always better practice than tinkering for years to amend overreach.”

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Robert Borsak SFFP

“The Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026, in its original form, is heavy-handed and unnecessarily hardline. It takes a sledgehammer to a longstanding principle of sentencing: that a person’s prior good character can be taken into account when determining an appropriate sentence.”

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Abigail Boyd GRN

“I contribute to debate on the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026 as The Greens’ gendered violence spokesperson. I thank our justice spokesperson, Ms Sue Higginson, for her considered and expert contribution, as always. Before I started in Parliament, seven years ago, I completely underestimated how personal political life can be.”

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John Ruddick LIBT

“The Libertarian Party opposes the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026. Our legal system is built upon English common law. Since medieval times, common law has recognised that it is decent and humane to give a judge discretion in sentencing.”

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Emma Hurst AJP

“On behalf of the Animal Justice Party, I contribute to debate on the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026. I start by acknowledging the advocacy of Harrison James and Jarad Grice and their Your Reference Ain’t Relevant campaign, which has been the driving force behind the reform to abolish the use of character references in child sexual abuse cases.”

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Rod Roberts IND

“I think even my strongest critic would be hard-pressed to find a member in the Chamber with a more "lock them up and throw away the key" approach than me. However, even I must speak against the Government’s Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026, which we are dealing with now in its original form.”

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Rose Jackson ALP

“Susan Carter, the Hon. Robert Borsak, Ms Abigail Boyd, the Hon. John Ruddick, the Hon. Emma Hurst and the Hon. Rod Roberts. The Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026 does one very straightforward thing: It removes good character as a mitigating factor on sentence.”

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News articles and press releases

Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026

Mr MICHAEL DALEY, Attorney General — 2026-02-04

This bill will remove good character as a mitigating factor at sentencing, responding to the recommendations of the NSW Sentencing Council and longstanding and significant concerns of victim-survivors and victims advocacy groups about the use of good character evidence when sentencing offenders, particularly for sexual offences. Historically, people who are sentenced for criminal offences have been able to rely on their prior good character or lack of criminal record as factors that mitigate their culpability, and which may benefit them on sentence.