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, if you’re facing any criminal charges, such as a sexual offence or drink driving charge, a character reference could potentially help reduce the severity of the outcome.
Who can write a Character Reference?
The strength of a character reference lies in the credibility and weight of the author. Courts prioritise those who can speak to your character with genuine insight and professional standing – such as employers, family members, or qualified professionals. The author must acknowledge awareness of your offending and demonstrate that despite it, your character remains sound. Avoid referees with criminal records or unclear relationships to you, as these undermine credibility and your defence strategy.
Suggested People Who Can Write a Character Reference
- Current or Recent Employer or Manager: Speaks to your work conduct and reliability.
- Family Member (parent, spouse, adult sibling): Can testify to personal character over the longest period.
- Professional Services Provider (accountant, GP, solicitor): Demonstrates responsibility and ongoing professional relationships.
- Religious or Spiritual Leader: Provides perspective on moral character and community contribution.
- Healthcare Professional (psychologist, counsellor): Valuable if they can speak to circumstances or rehabilitation efforts.
- Long-standing Friend (10+ years): Credible if they speak to sustained character, not recent conduct only.
- Volunteer Coordinator or Community Leader: Demonstrates positive prosocial engagement.
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.