If you know someone who is being sentenced in Court and they ask you for a character reference, do you know what to do?
The purpose of a character reference for someone who has pleaded guilty to a criminal or traffic offence is to bring details of their good character to the Court’s attention. In many cases, a character reference will not change the penalty imposed. However, a poorly written reference will not help the person’s case.
Address the reference to the Court
Always address the reference to the Court. If you do not, it may be treated as irrelevant or ignored.
An unaddressed reference can give the impression that it is a general letter rather than a formal court document.
Where possible, check the Court details so you can address it correctly. You do not need to name a Judge or Magistrate. “The Presiding Magistrate” is usually sufficient.
Include the date and keep the letter formal, clear and typewritten. Ideally, the reference should not exceed one page.
Specify how long you have known the person
State how long you have known the person and how you know them, such as through work, family, or sport.
This helps the Court understand the relationship and gives context to your comments.
Use your own words and focus on honest, positive observations about the person’s character.
Acknowledge the offence
The Court will give more weight to a reference where the writer is aware of the offence.
You should confirm that the person has told you about what happened. This allows you to explain whether the behaviour is out of character.
It also shows the Court that you have written the reference with full knowledge of the situation.
Discuss the offence with the person
Where appropriate, discuss the offence with the person before writing the reference.
This may help you understand their remorse or insight into their actions.
You can then include whether they have shown regret and whether the behaviour is inconsistent with their usual character.
Family or community involvement
You can include details about the person’s involvement in family life or the community.
Examples of positive behaviour, responsibilities, or contributions can help support the reference.
Keep the focus on specific observations where possible.
Summary
A character reference may or may not influence sentencing. However, it can still be helpful in some cases.
It is better to have a well-prepared reference than none at all. Do not submit too many references. Usually, one or two strong references are enough.
If you are unsure, seek legal advice before preparing one.
If you need more information or assistance, please call us on (03) 9422 5439 or email [email protected].
You can also speak with one of our Warrnambool lawyers or South Morang lawyers.