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SENTENCING REFORM · WESTERN AUSTRALIA · 25 AUGUST 2026

SENTENCING SHOULD FOCUS
ON RELEVANT FACTS.

The Western Australian Government says it will legislate to stop courts using good character references as a mitigating factor at sentencing for all offences.

The reform was announced on 25 August 2026. Drafting is still underway, so this is a government proposal rather than a change already in force.

WHAT IS PROPOSED

Remove reputation as a sentencing advantage

The government says the planned Bill will amend the Sentencing Act 1995 (WA) so that good character references cannot reduce a sentence. The proposal extends across all offences, going beyond a Royal Commission recommendation concerning child abuse cases.

The stated aim is to reduce unequal outcomes where professional standing, community status or strong personal networks may benefit a well-connected offender.

WHAT WOULD REMAIN

Relevant individual circumstances still matter

According to the announcement, courts could still consider factors such as rehabilitation prospects, the absence of prior convictions and personal circumstances. The proposed reform therefore targets good character references as mitigation; it does not remove every form of individualised sentencing information.

01

Equal treatment

Social status or access to influential referees should not create an unfair sentencing advantage.

02

Relevant evidence

Courts should distinguish information that genuinely bears on sentencing from reputation alone.

03

Fair process

Reform should protect victims while preserving lawful, individualised and reviewable decision-making.

CAMPAIGN VIEW

Fairness requires relevance, consistency and safeguards

Justice Before Judgment supports reforms that protect genuine victims, promote equal treatment and keep decisions focused on relevant evidence. Courts must also retain fair-hearing safeguards and independently assess the facts and lawful considerations in each case.

The Western Australian Government does not endorse this campaign. This article clearly separates the official proposal from independent campaign commentary.

SUPPORT EVIDENCE-BASED JUSTICE

Fairness needs a public voice.

Read the campaign explainer, then add your support if you agree that justice should protect people, examine evidence independently and preserve fair process.

READ THE CAMPAIGNADD MY SUPPORT →

Source note: This update summarises an official government announcement and adds clearly labelled campaign commentary. It is general public information, not legal advice.

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