If someone you know is appearing in Court and asks you to prepare a character reference, it is important to understand what the Court expects and what information will be most helpful.
A character reference for a person who has pleaded guilty to a criminal or traffic offence helps the Court understand the person’s background, reputation and personal circumstances. It allows the Judge or Magistrate to consider positive aspects of the accused person’s character when deciding an appropriate sentence.
While a character reference may not always change the penalty imposed, a well-prepared reference can provide valuable context. On the other hand, a poorly written reference may not assist the person before the Court.
For more information about sentencing principles in NSW, you can refer to the NSW Judicial Commission, which provides guidance and resources about sentencing practices.
1. Address the Character Reference to the Court
A character reference should always address the Court directly. An incorrectly addressed reference may appear unsuitable or generic, which can reduce its usefulness.
You should check the Court documents to confirm where the matter is being heard. You do not need to address the reference to a specific Judge or Magistrate.
A suitable format may include:
The Presiding Magistrate
Local Court of NSW
[Location]
A character reference should also include:
- The date it was written.
- The writer’s full name and contact details.
- A professional and respectful tone.
- A clear structure that is easy for the Court to read.
Generally, a character reference should remain concise and should not exceed one page. The strongest references often provide clear and relevant information without unnecessary detail.
2. Explain How Long You Have Known the Person
The Court needs to understand the relationship between the person writing the reference and the accused.
The reference should explain:
- How long you have known the person.
- How you met them.
- The nature of your relationship.
For example, you may explain that you know the person through:
- Family.
- Employment.
- A sporting club.
- A community organisation.
- A long-term friendship.
The writer should use their own words and provide genuine observations about the person’s character.
3. Acknowledge the Offence
A strong character reference should acknowledge the offence rather than ignore it.
The Court needs to know that the person providing the reference understands the circumstances of the offence. A reference is more helpful when the writer has discussed the matter with the accused and understands what occurred.
The writer may explain:
- That they are aware of the offence.
- That the person has accepted responsibility.
- That the person has expressed remorse.
- Why the behaviour may be considered out of character.
It is usually helpful to address this near the beginning of the reference. This allows the Judge or Magistrate to understand that the writer supports the person despite knowing about the offence.
4. Discuss the Offence Before Writing the Reference
Before preparing a character reference, it is often helpful for the writer to discuss the offence directly with the person appearing in Court.
This conversation allows the writer to understand the circumstances and provide accurate information.
If appropriate, the writer may include details about:
- The person’s attitude towards the offence.
- Steps they have taken to address their behaviour.
- Examples showing genuine remorse or responsibility.
A character reference should always remain truthful. The writer should only include information they personally know or genuinely believe to be accurate.
5. Include Family, Work or Community Involvement
A character reference can help the Court understand the person beyond the offence itself.
If you know the person through family, work or the community, you can include examples of their positive contributions.
This may include:
| Area | Examples |
|---|---|
| Family commitments | Being a supportive parent, partner or family member. |
| Employment | Reliability, work ethic and responsibility in the workplace. |
| Community involvement | Volunteering, sporting activities or helping others. |
Specific examples are usually more helpful than general statements such as describing someone as simply “a good person”.
What Should You Avoid Including in a Character Reference?
While a character reference should highlight positive qualities, some information can reduce its effectiveness.
- Do not suggest the person is innocent if they have pleaded guilty.
- Do not minimise or excuse the offence.
- Do not criticise the victim or blame others.
- Do not include information that you cannot personally verify.
- Do not make unrealistic claims about the person never offending again.
The purpose of the reference is to provide the Court with honest information about the person’s character and circumstances.
How Many Character References Should You Provide?
There is no set number of character references required. However, quality is usually more important than quantity.
In many cases, providing two or three strong references from people who genuinely know the accused may be more effective than submitting multiple similar references.
Can a Character Reference Reduce a Sentence?
A character reference does not guarantee a reduced penalty. However, it may help the Court understand the person’s background, circumstances and positive qualities.
The Court considers many factors when determining a sentence, including the seriousness of the offence, the person’s prior history, their plea of guilty, remorse and personal circumstances.
For more information about NSW sentencing, you can visit the Local Court of NSW.
Final Tips for Writing a Character Reference
A useful character reference should be:
- Honest and based on personal knowledge.
- Addressed correctly to the Court.
- Clear, professional and concise.
- Acknowledging the offence.
- Focused on the person’s character and circumstances.
Character references can play an important role in sentencing matters. While they may not always affect the outcome, providing a thoughtful and well-written reference ensures the Court receives a complete picture of the person before it.
If you or someone you know wants more information or needs help or advice regarding a criminal or traffic matter, please contact us on (02) 4987 3344 or email [email protected].