Writing a Character Reference for Court

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Table of Contents

• Who Should Be a Referee?
• What to Include in the Reference
• What Not To Include 
• Format of Reference
• Key Takeaways
• Frequently Asked Questions 

Character references in court proceedings can be some of the most critical evidence for defending a case. If you need to provide a written character reference for a defendant, you must know some essential things about writing a good reference. A character reference must raise points that specifically address the issues at hand and shows the Court who the defendant is as a person. For example, a character reference about a person’s positive contribution to the community in the past and recent changes they have made to their life can bear on the sentence a defendant receives.

Who Should Be a Referee?

A character referee can be anyone. However, it is much more helpful if they have known the defendant for a significant amount of time and can provide details about their character which support the issues raised by the defendant’s lawyer. A referee can be a: 

• spouse;
• family member;
• work colleague; or 
• friend. 

Such people often have a deeper understanding of the defendant’s identity.

What to Include in the Reference

Below are four main elements to consider when drafting a character reference. 

1. Background to Your Relationship With the Defendant

It is essential that you demonstrate a genuine relationship with the defendant, and if relevant, you have a prominent position.

2. Awareness of Current and Past Offences

Here you should specify the offences or type of offences for which the defendant is charged (without too many details). For example, “I am aware that John Smith is pleading guilty to fraud”. 

A magistrate or judge may not give your reference much weight if it looks like you do not know the charges. Noting down the offences will also help to determine what statements you should make to support the defence.

You should also show an awareness of any past offences, as long as they are relevant. Simply stating that an action of the defendant is out of character will not hold much weight, even more so if it looks like you have no idea of their past offences. 

For example, you could preface a statement with “Despite John Smith’s previous driving offence in 2011, I firmly believe…” If you are aware that the defendant has also shown remorse, you should identify those steps and relate them to your honest opinion of the defendant’s good character.

3. Personal Opinion of Their Character

Here you must honestly say what you think of the defendant’s character. If you believe their actions are out of character, point to why this is the case. Also, identify how they contribute positively to their community to the best of your knowledge. For example, they may volunteer at community sports on the weekend.

Suppose you are writing in a capacity as a work colleague or employer. In that case, it is beneficial to comment on their work performance and attitude and behaviour in the workplace. You should also mention how any absence or conviction will affect their continued employment prospects.

4. Knowledge of Their Personal Life

In this section, you should address the defendant’s background and any hardship they have experienced, whether it be financial strife, a divorce, alcoholism, etc. In particular, specify any experiences that may have influenced their choices leading up to the offence. If you are aware of any steps they have taken to address these personal problems, you should note this and relate it to your opinion of their character.

What Not To Include 

There are a few things you should avoid including in a character reference, as they can cause much more harm than good. This includes:

• anything that is not true, as misleading the court is a punishable offence;
• any suggestion of what penalty to impose;
• any opinion of the law or any other party to the proceeding; or
• any requests or submissions.

Format of Reference

The character reference should be in the form of a letter, typed, and on a letterhead with the date in the top right-hand corner. You should address the letter to either: 

• “The Presiding Magistrate” if the matter is in the Local Court, and include the court location; or 
• “The Presiding Judge” if the matter is in a District, County or Supreme Court.

Make sure you sign the letter and include your contact number should you need to be contacted about the contents of the reference.

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Key Takeaways

If you are unsure about writing a character reference, it is always best to clarify your intended statements with the defendant’s lawyer. While they cannot write the reference for you, they can discuss it with you and point out if you are making statements that do not help the case or if any statements are unclear or not well supported. 

Frequently Asked Questions