To ask the Minister of Justice for an update on her work to reform the use of good character references.

Mrs Long

You will be aware that, on 8 October, my Department launched its consultation on good-character references at sentencing in criminal proceedings, which will run until Thursday 3 December 2026. If the Department can identify a straightforward legislative approach to introducing reform based on the feedback to that consultation, it is my intention to take that forward during the current Assembly mandate, subject to Executive approval and Assembly time. Any legislative changes will require careful policy development to ensure that they comply with ECHR rights, including the article 6 rights of the defendant. Any remaining issues, including the framework governing character references at trial, will be taken forward in the review of sentencing policy. In the meantime, I again strongly urge everyone to exercise personal responsibility when it comes to providing character references for use by a court.

Mrs Long

One option for reform is to introduce a requirement that good-character references must be provided in the form of an affidavit and that, where evidence is to be given orally before the court, it must be given by oath or affirmation. That is similar to the recent reforms introduced in Ireland. It would serve to formalise the process and may make it more robust and transparent. It may also increase accountability and the reliability and scrutiny of the use of character references. Another potential reform is to restrict the circumstances in which good-character references may be taken into account in mitigation at sentencing. In practical terms, restricting the circumstances in which good-character references may be taken into account would limit the number of circumstances in which good-character references could contribute to a reduction in the overall sentence. Any changes will be subject to policy development to ensure that they comply with the article 6 rights of the defendant and will need Executive approval.

Ms Sheerin

The Minister will be aware that, throughout the evidence-gathering part of our Committee deliberations to date, we have heard robust responses from those engaged in domestic and sexual violence cases and advocacy groups for those victims stating that character references are not appropriate in such cases. Minister, am I to take it from your initial response to Mr McMurray that, if there is a legislative way to do that, you intend to do it? How much work have you done to scope that out?

Mrs Long

There are two things to say. Character references are used at two points in the system. The first is during the trial, and any interference with that could prejudice the right to a fair trial. One thing that Sir John Gillen raised in his review of serious sexual offences was the imbalance, in that victims will often feel that they are on trial. They cannot call on good-character references but have to stand up and give an account of themselves and are cross-examined about how reliable their evidence might be. Meanwhile, the alleged perpetrator does not have to take to the stand but can call people to say that they are of good character. There is a challenge. What speaks to the complexity of the issue is that, unlike in almost every other case, Sir John did not make a recommendation on how it could be resolved. We need to bear that in mind. It may be that we can do something more in a shorter time frame on the use of character references for mitigation at sentencing, so we are looking at that area for potential intervention in this mandate. However, I still see the wider issues being considered as part of ongoing work in the Department into the next mandate, because, as we know, there are certain cases where, through the grooming of whole communities and groups of people, defendants often appear very different in public from how they appear in private. We have heard it said: an angel in the street and a demon in the household. That has been seen more than once.