'Unwise' for legal professionals to give character references, says NI's top judge

It is "unwise" for members of the legal profession to give character references, the Lady Chief Justice has said.

Dame Siobhan Keegan said she intends to have her sentencing group look at character references amid concerns from victims that they have no opportunity to challenge them in court.

Earlier this year, the Law Society chief executive, David Lavery, provided a character reference for a cousin convicted of serious sexual offences.

On Tuesday members of the Law Society are expected to vote on whether they have confidence in Lavery.

In a wide-ranging interview with BBC Radio Ulster's Good Morning Ulster programme, Dame Siobhan said she thinks there is a "discussion" to be had on character references.

"The law does not stipulate that a judge must take into account character references," she said.

"But I know that character references do appear in cases. I think there's a number of elements to this.

"It's unwise for certain people to give character references to start with and I think that has come to pass in a number of circumstances."

Reflecting on the use of character references, Dame Siobhan said the "transparency" of the process could be an issue for victims.

She added that "maybe we have to think about a better way of dealing with this issue".

When asked about how tough sentencing in Northern Ireland is Dame Siobhan said there can be a "knee jerk reaction".

It comes after politicians have called for tougher sentences after sentencing has been handed down in the courts.

Ulster Unionist Party (UUP) leader Jon Burrows asked the director of public prosecutions (DPP) to review the sentence given to a carer who took and shared "demeaning" videos of patients.

He also wrote to the DPP after a man was spared an immediate custodial sentence after causing grievous bodily harm to his three-week-old daughter.

Dame Siobhan said: "I think there is actually an obligation on our politicians and our media and people to just step back and take a breath and think about the importance of maintaining public confidence in the system by accurately and reflectively commenting on sentencing."

Dame Siobhan also told Good Morning Ulster that "any court will be uncomfortable" with getting dragged into politics.

Last month, a decision by the Parades Commission to impose restrictions on a proposed Orange Order parade at Drumcree in Portadown was quashed in the High Court.

The High Court also heard earlier this year that there were no plans by the Department for Communities to implement an Irish language strategy before the next assembly election.

Dame Siobhan said the political arena is a "difficult area for judges to navigate".

"We're not involved in policy making. We interpret the law.

"But at the end of the day, the courts are here for people to have adjudication on issues that are important to them."

Although it is nothing "new", she said political issues "really should be worked out in another arena".

"Politicians should work this out. People should work this out but we'll do our job if we have to and we will answer the legal question, that's what we do, we answer the legal question."

When discussing violence against women and girls, Dame Siobhan said she is concerned about the number of cases that are before the courts.

"I think it's really positive that there is an executive policy on this and I think it's a good sign. But it continues.

"I've always said it's a social issue, it's a cultural issue, I think it's a man's issue because the perpetrators are by and large men.

"I honestly think that more needs to be done in terms of education about boundaries and relationships in local communities and I actually think local community leaders have the opportunity to help on this," she added.

"We've got to weed out misogyny at every level and we've got to look at how we as a society stand up to this type of behaviour which is still part and parcel of the work I see every day.

She said she thinks misogyny in society "must fuel some of this type of offending".

You can listen to the full interview with Dame Siobhan Keegan on Good Morning Ulster on BBC Radio Ulster and BBC Sounds.