Change to use of good character references in some court proceedings considered

Consideration is being given to limiting or ending the use of good character references in some court proceedings.

It comes after a good character reference given by former Ulster Unionist Party chairman David Campbell for William Lloyd Lavery, who was convicted of historical sexual offences, hit the headlines.

The 77-year-old former teacher, of Richmond Avenue in Lisburn, who went on to work for a number of UUP MLAs, was sentenced to two years in prison last month after being found guilty of six counts of indecent assault at a school he taught at in the 1970s.

Justice Minister Naomi Long was asked about the potential for legislation around the use of good character references during questions for her department in the Assembly on Tuesday.

“I recognise how distressing it is for victims to listen to good character references given in relation to a perpetrator who has harmed them, and to feel that those could in some way influence either the outcome of the trial or sentencing, because, of course, good character references can play a part in both,” she said.

“It would be my preference to end or to limit the use of good character references in certain categories of offending, particularly domestic abuse and sexual crime.

“There are legally complex issues involved so very careful policy development and consultation is required to ensure that any resultant legislation is compliant with the European Convention on Human Rights (ECHR), including the article six rights of the defendant.”

Ms Long said she has included the issue for examination as part of her department’s review of sentencing policy with the view to legislation in the next mandate.

“However, if a simple legislative change is identified that could have an impact in this space, I would not rule out using the Victim and Witnesses of Crime Bill as a potential vehicle for it,” she said.

“Above all, I would encourage everyone to exercise personal responsibility when it comes to providing character references for use by a court, particularly in cases of domestic abuse and sexual offending, where the creation of a good character in the public eye is often part of the offending profile.”