Character references for Court
Expert tips for writing effective character references
If you know someone who intends to plead guilty to charges for criminal or traffic offences, they may ask you to write a character reference for Court.
A person who is charged with an offence is often called “the defendant” in legal proceedings.
A character reference can help the Court understand several things, including:
- Who the defendant is as a person and in the context of your relationship with them
- Why the offence happened
- Why you believe that the defendant is unlikely to offend again.
This is an important step in the process and can make a significant difference to the defendant’s sentence, because a character reference can:
- Help the Court understand more about them and the circumstances of the offending, and
- Help to mitigate (reduce) any penalty.
To create an effective character reference, you first need to understand how to put it together and what it should include. You can use this page as a guide.
Frequently asked questions about character references for Court
What is a character reference?
Character references are letters written to the Court by a person who knows the defendant. They can tell the Court about the defendant’s personal qualities.
A character can help the Court understand whether the defendant usually behaves in the manner that led to the charge, or if the offence was a one-off event.
Who can write a character reference?
Character references can be written by a variety of people who know the defendant well, including:
- Work colleagues,
- Employers
- Friends
- People who volunteer with the defendant.
A family member can also provide a character reference. However, a Court would usually consider this a letter of support rather than an unbiased character assessment.
What information should I include in a character reference?
Give information about the defendant’s personal circumstances. Include specific examples of your observations of the way they usually behave.
Where possible, follow these steps:
- Write the reference as a letter, addressed to “The Presiding Judge” (or Magistrate) and including the Court’s address, your full name, your address and phone number, and the date
- At the top of the letter, say the document is a character reference for the defendant (use their full name, including any middle names)
- Say who you are and what you do for work, including qualifications (if you have any)
- Give details about your relationship with the defendant, including how long you have known them, how often you have contact with them, and the type of relationship you have with them (for example, friend, family member or colleague)
- Say that you are aware of the charges, and if possible, list the charges. Say that the defendant has admitted to or pleaded guilty to the charges (if relevant)
- Give examples of what the defendant has done since the offending to demonstrate insight (whether they understand why the offending was wrong) and remorse (whether they’re sorry for the offending)
- Explain whether you believe the offending was out of character and why. You can include the defendant’s qualities that you admire or previous examples of good character that you have witnessed. Examples may include any positive contributions the defendant has made to the community, such as charity or volunteer work
- Mention any personal hardships the defendant may have been experiencing at the time of the offending, and whether those issues have since been addressed. Examples of hardships include difficulties relating to marriage, family, finances, social situations or mental health
- Describe any hardships the defendant continues to suffer, especially if the hardships are due to the offending. Examples include loss of employment and a reduced personal support network.
For traffic offences, it’s useful for a character reference to also include:
- Any difficulties the defendant may face if they lose their driver’s licence
- Details of any transport help you’ve given the defendant and how often you’ve provided such help.
What information shouldn’t be included in a character reference?
An effective character reference should highlight two things:
- That the defendant takes responsibility for the offending
- That the offending was out of character for the defendant.
For these reasons, you should avoid making any comments that minimise the seriousness of the offending, for example:
- Blaming other people
- Criticising the legal system.
It’s inappropriate to suggest a penalty that the Court should impose, and most importantly, don’t give false or misleading information in a character reference.
Things to remember
Character references are an important part of the legal process in criminal and traffic law matters, but you may feel unsure where to start. Use our suggestions about what to include, and remember to use examples from your first-hand knowledge of the defendant. Above all, be truthful.
Writing a character reference can be a significant help to a defendant facing penalties for criminal or traffic offences, so it’s worth taking your time to ensure it’s as effective as possible.