Your Reference Ain’t Relevant campaign to meet with NSW Sentencing Council

Convicted child sex offenders’ use of good character references in court will be discussed at a long-awaited NSW Sentencing Council meeting.

The use of good character references by convicted child sex offenders in court will be discussed at a long-awaited NSW Sentencing Council meeting on Wednesday.

Last May, child sexual abuse survivor-advocates Harrison James and Jarad Grice launched the Your Reference Ain’t Relevant campaign, which aims to eradicate legislation that allows convicted pedophiles to invoke these references as a potential means of lessening their sentences. Less than two months later, NSW Attorney-General Michael Daley requested the Department of Communities and Justice conduct a review of the relevant legislation, section 21A(5A) of the Sentencing Procedure Act 1999 (NSW).

In October, the campaign set its focus on the nation’s capital, where progress has been “promising”, Harrison told news.com.au.

Wednesday’s meeting with the Sentencing Council is not just a first for the campaign, but a “defining moment” in its journey after more than a year of tireless advocacy, Harrison said.

“We can no longer allow the justice system to perpetuate the trauma of survivors by giving credence to the so-called ‘good character’ of predators,” he said.

“It’s time for decisive action that puts the rights and wellbeing of children and survivors first.”

The NSW Sentencing Council is chaired by Justice Peter McClellan, a former Judge of Appeal and the Chief Commissioner of the Royal Commission into Institutional Responses to Child Sexual Abuse.

“Our aim in this meeting is crystal clear – to spotlight the damaging impact of good character references for convicted child sex offenders and push for substantial reform,” Harrison said, adding he and Mr Grice are “hopeful about the potential outcomes”.

“We’ve been pushing for this for well over a year now, and every moment counts.

“Each day we delay this reform means more survivors have to sit in a courtroom and endure the agony of seeing their trauma undermined and dismissed in courtrooms thanks to these irrelevant references.”

Harrison said that he and Mr Grice – who will be supported at Wednesday’s meeting by sexual, domestic and family violence response and recovery service, Full Stop Australia – are “ready to engage in substantive discussions with the Council and press for decisive action from the NSW Government to deliver justice and support to victim-survivors”.

He also welcomed the Council’s call for public submissions, describing it as a “vital opportunity for community engagement”.

Your Reference Ain't Relevant co-founder Harrison James. Picture: Supplied

Justice Peter McClellan is Chair of the NSW Sentencing Council. Picture: Jeremy Piper/Supplied

As part of its review, the Sentencing Council will consider:

• whether the limitations on the evidence concerning “good character” or a lack of previous convictions in certain sentencing proceedings should be extended to all sentencing proceedings for child sexual offending by removing the requirement that the offender’s good character or lack of previous convictions “was of assistance to the offender in the commission of the offence”;

• the operation of good character as a mitigating factor in sentence proceedings in general, including the interaction between good character and other mitigating factors and the purposes of sentencing, the utility of good character evidence in sentence proceedings, and whether the use to which good character evidence is put in sentence proceedings remains appropriate, equitable, and fit for purpose;

• the experience of victim-survivors in all sentencing proceedings involving the admission of evidence of good character and whether there are any legislative or other changes that could be made to improve their experience; and

• procedures for receiving good character evidence in sentencing proceedings.

Your Reference Ain't Relevant co-founders Harrison James and Jarad Grice. Picture: Supplied

A NSW Department of Communities and Justice spokesperson previously told news.com.au child sexual abuse “is an abhorrent crime and perpetrators must be held fully accountable for their offending”.

“The NSW Government recognises community concern about the use of character references in sentence proceedings for some child sexual offences and the impact on victim-survivors,” the spokesperson said.

“The NSW Government is closely considering submissions from victim-survivors and victim-survivor advocacy groups, along with legal stakeholders, on this important issue.”

NSW Attorney-General, Michael Daley. Picture: NCA NewsWire/Nikki Short

As well as their discussions with the Sentencing Council, Your Reference Ain’t Relevant’s objective is on the agenda for the upcoming Standing Council of Attorneys-General (SCAG) meeting.

SCAG brings together Attorneys-General from all Australian jurisdictions, with the aim to promote best practice in law reform.

Harrison said the national acknowledgment of Your Reference Ain’t Relevant at SCAG is “truly exciting”, a testament to its growing influence, and underscores the “urgent need” for national reform.