Character references in serious sexual offence cases should be scrapped or limited, Justice Minister Naomi Long has said.
She made the comments in a reply to the former UUP leader Doug Beattie, saying it is her "preference" to end or limit the use of character references in certain types of criminal cases - "particularly" in cases involving domestic violence and sexual offending.
The Minister said the Stormont justice department is now "actively seeking to address" the use of references - a move she said will require legislation.
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This comes after former Mayor of Derry City and Strabane Brian Tierney announced last month that he was stepping back from his role as an SDLP councillor, after it emerged he had provided a character reference for an Irish soldier who was later convicted of rape.
Kielan Mooney, 30, of Bloomfield Park, Derry, was convicted following a trial at Dublin's Central Criminal Court last December of a number of rape offences against a woman at a Dublin hotel on July 26, 2021. He was jailed for eight and a half years on January 20. Councillor had maintained that he wrote the reference while unaware of the "seriousness" of the circumstances, and apologised to the victim's family.
Campaigners have called for the use of character references in cases involving serious sexual crimes to be scrapped. Nexus, a charity which supports victims of sexual crimes, has been lobbying the government to make changes. Chief executive Joanne Barnes told the BBC last month that character references shouldn't have influence in courts during sexual offence cases.
Former UUP leader Doug Beattie, in a written query to the Justice Minister, had asked Mrs Long to "to detail any steps she will take to address the issue of good character references in serious sexual offence cases; and how the present system of good character references promotes the Executive's Strategic Framework to End Violence Against Women and Girls".
The Minister replied: "It is a matter for the judiciary to determine what is relevant to the sentencing process. I have acknowledged 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.
"The responsibility for the Strategic Framework to End Violence Against Women and Girls (EVAWG) rests with The Executive Office. However, my Department, alongside the Department of Health, jointly leads on the Domestic and Sexual Abuse (DSA) Strategy, which supports the EVAWG Framework’s aims. A key priority of the DSA Strategy is ensuring tailored, specialised support for victims, helping them recover from trauma, engage with the justice system safely, and reduce the risk and impact of abuse."
She added: "The strategy acknowledges that navigating the criminal justice system can be daunting for victims and seeks to address under-reporting and case attrition by increasing awareness of support services and improving confidence in the justice system. Key factors include speedier case progression, stronger legal protections, and enhanced victim support.
"As part of the DSA Strategy, we are committed to implementing Gillen Review recommendations, ensuring fairer treatment of complainants and strengthening legal protections. This directly supports The Executive Office’s Strategic Framework by fostering a justice system that is more responsive, equitable, and supportive of victims, ultimately increasing trust and engagement."
Mrs Long was also asked by the former Justice Minister Claire Sugden, in another written query, to "detail any training and guidance currently provided to judges; and legal practitioners on the appropriate weight to be given to good character references in cases of sexual violence and abuse."
The Minister said: "My Department is not responsible for the training and guidance provided to judges or legal practitioners. The Judicial Studies Board (JSB), chaired by a Lord Justice of Appeal, is responsible for judicial training in Northern Ireland. The aim of the JSB is to ensure as far as possible that judicial office holders are equipped with the skills and knowledge which they require to discharge their duties effectively."
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