A certificate of good character is a formal document that confirms an accused person has no prior criminal convictions recorded against them. Courts in Australia treat good character as a genuine mitigating factor at sentencing, and a clean criminal record is one of the most direct ways to establish it. Understanding what the certificate covers, how it differs from a character reference, and when defence counsel should rely on it can make a real difference to the outcome of a matter.
What the certificate actually says
A certificate of good character is typically a police check or official records extract confirming that a named person has no recorded convictions. In New South Wales, the most common form is a National Police Check issued through the Australian Criminal Intelligence Commission. The document lists either "no disclosable court outcomes" or specifies any matters that are disclosable under the relevant scheme. A clean result is what defence counsel wants to tender.
The certificate is distinct from a character reference for court, which is a personal statement written by someone who knows the defendant. The certificate deals only with the factual question of prior convictions. A character reference speaks to reputation and personal qualities. Both can be tendered at sentencing, and they do different work.
How courts use good character evidence
Good character carries weight in two directions. First, it supports a submission that the offending is out of character and unlikely to be repeated. Second, courts in New South Wales treat prior good character as a reason to moderate the penalty, particularly for first-time offenders.
The High Court confirmed in Ryan v The Queen (2001) 206 CLR 267 that good character is relevant both to the likelihood of reoffending and to the moral culpability of the act itself. Sentencing judges are required to give the matter proper weight, not treat it as a formality. In practice, a defendant with a clean record and strong character evidence is in a materially better position than one without either.
Good character evidence doesn't guarantee a lighter sentence. Seriousness of the offence still drives the result. But for borderline matters, particularly where a court is weighing a discharge without conviction or a non-custodial order, a clean certificate can be the factor that tips the balance.
When good character is diminished
Courts will not apply full weight to good character in every case. Three circumstances commonly reduce its value.
- The offence is one for which good character creates opportunity. A person in a position of trust, such as an accountant, teacher, or carer, who exploits that position can expect a court to treat their prior clean record with scepticism. The High Court addressed this in Strickland v Commonwealth Director of Public Prosecutions (2018), noting that good character which facilitated the offending is entitled to reduced weight.
- The certificate discloses spent or non-disclosable matters. Depending on the jurisdiction and the spent convictions scheme, some older matters won't appear on a standard police check but can still be raised by the prosecution if the defendant opens the door by claiming clean character.
- The defendant has prior findings of guilt without conviction. A section 10 dismissal or conditional release order doesn't produce a recorded conviction, so it won't appear as a conviction on the certificate. But prosecutors can, and do, refer to those findings when the defendant places their character in issue.
How to obtain a certificate
Defendants obtain a National Police Check through the Australian Criminal Intelligence Commission's online portal or through an ACIC-accredited body. The check covers records held by all Australian police agencies. Processing takes one to five business days in most cases.
Counsel should obtain the certificate as early as possible in proceedings. It needs to be tendered in evidence, not simply referred to in submissions. Producing it late in the sentencing hearing risks it being given less weight or, in rare cases, being questioned on its currency.
Certificate of good character vs character references
The two documents complement each other but aren't interchangeable. A certificate confirms the absence of a criminal record. A reference from an employer, friend, or community figure speaks to reputation, behaviour, and personal qualities in ways a document can't. Courts look for both. A certificate with no supporting references tells the judge the defendant hasn't offended before. References tell the judge who that person actually is.
The best character references come from people who know the defendant well and can be specific about their conduct. Vague references that speak only in generalities carry little weight. Ann Valos Criminal Law routinely advises clients on who should write a character reference for court and what that reference needs to say to be effective.
Why the distinction from a criminal record matters
A criminal record is not always permanent, and its effects can extend well beyond the courtroom. Spent conviction schemes in New South Wales and other jurisdictions can shield older offences from disclosure after a crime-free period has passed. But the sentencing hearing happens before any spent conviction period runs. At that moment, everything recorded against a defendant is potentially in play.
Getting the evidentiary picture right before a sentencing hearing is a matter of preparation, not luck. Ann Valos Criminal Law identifies what can be tendered, what the prosecution is likely to raise, and how to frame the character submission to give clients the best possible position before a judge.
When to raise good character early
Good character is not only relevant at sentencing. It can bear on bail, particularly for defendants with no history who face serious charges and can demonstrate community ties and a clean record. A National Police Check is a standard document in many bail applications and in committal proceedings where the court is assessing whether the defendant is a flight risk or danger.
Ann Valos Criminal Law has over 15 years of experience representing clients at every stage of criminal proceedings in New South Wales. Ann Valos Criminal Law prepares character evidence thoroughly, from identifying the right referees to ensuring the police certificate is current and correctly tendered when it matters most.