Reform of character references to be considered in consultation

HomeNewsUS & CanadaUKUK PoliticsEnglandN. IrelandN. Ireland PoliticsScotlandScotland PoliticsWalesWales PoliticsAfricaAsiaChinaIndiaAustraliaEuropeLatin AmericaMiddle EastIn PicturesBBC InDepthBBC VerifySportBusinessWorld of BusinessTechnology of BusinessNYSE Opening BellTechnologyWatch DocumentariesArtificial IntelligenceIntelligence RevolutionAI v the MindTech NowHealthWatch DocumentariesCultureWatch DocumentariesFilm & TVMusicArt & DesignStyleBooksEntertainment NewsArtsWatch DocumentariesArts in MotionTravelWatch DocumentariesDestinationsAfricaAntarcticaAsiaAustralia and PacificCaribbean & BermudaCentral AmericaEuropeMiddle EastNorth AmericaSouth AmericaWorld’s TableCulture & ExperiencesAdventuresThe SpeciaListTo the Ends of the Earth EarthWatch DocumentariesScienceNatural WondersClimate SolutionsSustainable BusinessGreen LivingAudioPodcast CategoriesRadioAudio FAQsVideoWatch DocumentariesBBC MaestroDiscover the WorldLiveLive NewsLive SportDocumentariesSite searchHomeNewsSportBusinessTechnologyHealthCultureArtsTravelEarthAudioVideoLiveDocumentariesWeatherNewslettersUse of character references in sex offence cases to be reviewed3 hours agoShareSaveAdd as preferred on GoogleJayne McCormackPolitical correspondent, BBC News NIPA MediaNaomi Long said she had been "concerned for some time about potential inequalities between defendants and complainants"Stormont's justice minister is looking at potential reform of the use of character references at sentencing in certain court cases in Northern Ireland.

Last month, Northern Ireland's top judge Dame Siobhan Keegan said there was a "discussion" to be had about their use, amid concerns from victims that they have no opportunity to challenge them in court.

The use of character references in certain cases including rape, sexual assault and abuse has been debated in Northern Ireland for some time.

Launching a public consultation, Naomi Long said she would explore how quickly the issue can be addressed before this assembly term ends next March.

The minister said she had been "concerned for some time about potential inequalities between defendants and complainants".

She added: "This is particularly the case when it comes to sexual offending."

At present, the law requires a court, when determining a person's sentence for a criminal offence, to consider mitigating factors, which can include evidence of the accused's good character.

This can take the form of a character reference provided by an employer, family member or community figure.

The Department of Justice said views are being sought on a range of proposals, including keeping the current legal position as well as introducing a requirement for such references to be made by affadavit (under oath).

The public consultation is also seeking opinions on potentially restricting the circumstances in which good character references may have a mitigating effect at sentencing.

Long said that if the consultation identifies a "simple legislative change" that could have an impact, she will consider amending the law in the remainder of the assembly mandate.

However she added that the current legislative framework is complex and stressed: "Any reform would require careful consideration to ensure no diminution of the right to a fair trial."

"Fairness is a fundamental pillar of any justice system and I am determined to ensure that our criminal justice system in Northern Ireland delivers fairness for everyone," she added.

The consultation is open for eight weeks and will close at 17:00 BST on 3 December.

Earlier this year, the Law Society chief executive, David Lavery, provided a character reference for a cousin convicted of serious sexual offences.

It prompted a backlash from the Law Society and raised fresh questions about the use of such mechanisms.

Last year, Social Democratic and Labour Party (SDLP) councillor Brian Tierney was suspended after he provided a character reference for an Irish soldier convicted of rape.

He later had the SDLP whip reinstated but has since said he will not seek re-election, citing the controversy as a factor for his decision.