What is a Character Reference?
A character reference is a letter that assists the Court in providing more of an insight into a person’s personal circumstances. It emphasises a person’s good behaviour and the positive changes that the individual has introduced since their offence occurred.
This allows the court to gain a better understanding of the individual and make an informed, balanced decision for sentence. While providing a character reference for court isn’t an obligation, it can really support a person’s case.
Who should write the Character Reference?
It should generally be someone close to the person that has a great insight into their character. Ideally, the person who writes the letter would not have any significant criminal history. It can also be written by a qualified professional.
The author of the letter must be aware of the offending the person is pleading guilty to. It is helpful for the Court to know that, despite the offending, they are willing and able to speak to the person’s character.
If you are writing a character reference for court, be prepared to be asked to come to court to speak about the contents of your character reference.
How to write a Character Reference for Court
To ensure the court understands the individual, we recommend having the following included in your character reference letter:
- Note your full name, contact information and date of writing the letter.
- Address the Court
- For example, ‘The Presiding Judge’ or ‘The Presiding Magistrate’.
- Briefly introduce yourself.
- For example, state your name, age, occupation, and relevant qualifications.
- Outline the relationship between you and the individual.
- How do you know the individual? How long have you known them for?
- Outline that you are aware of the offending before the Court.
- You can start with “I am aware that X is pleading guilty to charges of ….”
- Expand on what you know about the offending and the context it took place in.
- State that you are aware the letter will be used during the sentencing of the offender.
- Speak to what you know about the individual’s life.
- For example, have they had any personal problems throughout their life that you are aware of?
- Tell the Court your opinion of the individual’s character.
- Can speak generally about their character.
- Can speak to your view on how the individual feels about what they have done.
- Can speak to any actions the individual has taken since the offending.
- Sign the bottom of the letter.
What to include in a Character Reference – Dos and Don’ts
A character reference must:
- be dated and include the author’s full name, address and contact details,
- be in the author’s own words,
- expressly state the author is aware that their reference will be used by the individual in Court at the sentencing hearing; and
- be signed by the author.
A character reference should not:
- suggest what sentence the Court should impose, or
- make any excuses for the offender’s offending.
Contact Us
If you need help with a case that involves the need for a character reference, our criminal lawyers can help. With over 35 years of experience, we are well-versed in a variety of criminal law areas. Contact us today. Alternatively, you can also contact a lawyer directly.