The simple answer to this is yes however, you should be aware that there is no absolute right to access these documents. Any person wishing to access them needs approval from the court and this can be refused as seen in the recent case of R v Wran [2016]. In this case, the Judge decided that the principles of confidentiality and protection of Wran’s supporters outweighed Nationwide News’ arguments that the material is of public interest and worthy of reporting.

In refusing Nationwide News’ application, the Judge took into account the position of the individuals who provided references, the position of the defendant and the position of the newspaper. Being a daughter of a previous Premier of NSW, Wran was a popular target for Daily Telegraph’s long campaign of sensational and often inaccurate reporting.

It is often the most high-profile cases that attract applications from media outlets, particularly if the referees are people of distinguished reputation.

A Member of Parliament has also been criticised for commenting on the morality of “high-profile Sydneysiders” who provided references in a case with a high-profile defendant that attracted negative publicity.

Character references often provide a sentencing judge or magistrate with important information about an offender’s personal characteristics, their personal history and remorse. For anyone wishing to be a character referee, don’t be deterred from assisting the court simply because the media may be able to access it. Character references have the potential to impact a sentence given to an offender.

By Jessica Meech

Photo by Tookapic