To ask the Minister of Justice to detail (i) how character references are currently used in the criminal justice system; and (ii) whether her Department has any plans to introduce guidance or legislative reform to limit or regulate the use of good character references in sexual violence and abuse cases, similar to those being considered in the Republic of Ireland.

It is a matter for the judiciary to determine what is relevant to the sentencing process. The purpose of character references under common law is to provide the court with insight into any factors that could mitigate the defendant's sentence.

This may be relevant when the defendant does not have a criminal history or a history of the same type of offence, but the courts have made it clear that personal circumstances should not normally rank highly in a serious case.

I acknowledge the potential inequalities, highlighted by the Gillen Review, between complainants and defendants in serious sexual offence cases, including the fact that the complainant’s testimony is often treated with disbelief and the defendant, who can call good character evidence, may seek to undermine their character or actions whereas the complainant is not accorded the right to call character evidence or witnesses on their behalf.

It is my preference to end or limit the use of good character references in certain categories of offending, particularly domestic and sexual offending. My Department is, therefore, actively seeking to address the use of good character references, which will require legislation. In the meantime, I would urge everyone to exercise personal responsibility when it comes to providing character references for use by a court.