The Department of Justice has opened a public consultation on the use of good character references at sentencing in criminal proceedings. Justice Minister Naomi Long said she has been concerned for some time about potential inequalities between defendants and complainants, particularly in sexual offence cases.

Under current law, courts must consider mitigating factors when determining a sentence, which can include evidence of the accused's good character such as references from employers, family members, or community figures. The consultation seeks views on retaining the current position, requiring references to be made by affidavit, or restricting the circumstances in which good character references may reduce a sentence.

Long said that if the consultation identifies a simple legislative change, she will consider bringing forward an amendment during the current Assembly mandate, which ends next March. However, she stressed that any reform must not diminish the right to a fair trial.

The consultation will run for eight weeks, closing on 3 December. It follows recent controversies involving character references provided by public figures for individuals convicted of serious sexual offences.