Call to ban good character references at sentencing in domestic and sexual cases

By Rebecca Black (Press Association)

A victims commissioner has called for the prohibition of good character references at sentencing in domestic abuse and sexual offence cases.

Geraldine Hanna, commissioner for victims of crime in Northern Ireland, said she has “significant concerns” about the reliance on “notions of good character” as a mitigating factor in such cases.

Her comments come following recent controversy over a good character reference provided by David Lavery, the chief executive of the Law Society of Northern Ireland, for his cousin William Lloyd-Lavery, 77, who was sentenced to two years in prison after being found guilty of six counts of indecent assault at a school he taught at in the 1970s.

Appearing before the Stormont Justice Committee on Tuesday morning, Ms Hanna said victims can understandably perceive this as “diminishing the seriousness of the offence and the harm they have experienced”.

The committee is currently scrutinising Justice Minister Naomi Long’s Criminal Justice (Sentencing etc) Bill.

“I would like to see such references prohibited at sentencing for domestic and sexual abuse cases,” Ms Hanna told MLAs.

Independent MLA Doug Beattie said he does not believe good character references should “play any part whatsoever in any court proceedings, whether hearing the evidence or post conviction”.

He asked Ms Hanna whether she thought good character references should be “taken out completely from the system, or do you think there should be qualifying offences where these references should never be heard”.

Ms Hanna said it is a “complex issue when we look at it in its breadth”.

“For me, I think what is what can be more cleanly and easily achieved in this mandate is to look at prohibition of good character referencing at sentencing for domestic and sexual abuse cases,” she said.

“That’s the issue that people talk to me most about – at the sentencing stage.

“What we know, particularly when it comes to those offences, is that good character itself is a shield that is often used by perpetrators to help reinforce the silence that is being encouraged or enforced on the victim, so I think that there’s a really distinct and clear argument, and I see no merit whatsoever in their use in those type of cases at sentencing.”

She added that she believes there will be stronger arguments when looking at good character references more broadly, and suggested if the committee was to look at that, they could look at good and bad character evidence being considered by the judge ahead of a trial.

“So that if the judge then determined that it was not appropriate for that good character evidence to be part of the trial, the judge would rule as such,” she said.

“It therefore would not be brought in, and victims wouldn’t be subject to hear it.

“However, I do think that there may be some strong arguments around Article Six rights for their continued use in the trial process, whether that’s at a pre-trial application stage or in the trial.

“I’m not legally qualified, but what I’m very clear on is that we have an opportunity in this Bill to make a very clear statement that good character references have no part to play at the sentencing of domestic and sexual violence cases, and that’s what I would urge the committee to consider looking at.”

David Lavery, chief executive of the Law Society of Northern Ireland