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How to write a character reference for court
When appearing before the court in a criminal law matter, presenting character references can help the court appreciate your unique situation and the context in which you committed the offences.
It is important that your character references are original and thoughtful to demonstrate to the court that someone has taken the time and effort to write a document that reflects their considered and informed view of you.
Examples of people who can provide one include:
- Anyone who knows you well
- An employer
- An old family friend
- A family member
- Your priest
For the referee: Preparing a character reference for court
It may be that someone has approached you to write one on their behalf as they are appearing before the court on a criminal matter. If so, there are some important points to remember, as follows:
- The reference should be typed
- The reference must be signed and dated
- If possible, the reference should be written on letterhead and should state any formal positions or qualifications
- The reference should be addressed to the Presiding Magistrate (if the matter is listed in the Magistrates’ court) or the Presiding Judge (if the matter is listed in the County or Supreme courts)
- The reference should commence with “Your Honour”.
What to include in it?
The better you are able to illustrate the person’s character through unique details and anecdotes, the more help the reference will be when the person appears before the court.
- How long you have known the person and in what capacity, and how often you have contact
- That you know what the person has been charged with and what they have done
- Whether you have spoken to the person in detail about the offence
- Your opinion of the person’s general character and reputation in the community
- Do you believe the offences were out of character and why?
- Has the person shown remorse for the offence? Include an explanation of how you know the person is sorry, for example, the person has explicitly told you this, has demonstrated signs of distress or is having trouble sleeping
- Details of what you know about the person’s background including family, education and employment history
- Does the person have any personal problems that you know of, especially those that may have contributed to the offence being committed? For example: drug or alcohol abuse, or psychological and other problems. State whether the person has taken any action to overcome these problems
- Has the person made any special contribution to the community such as charity work?
- Has the person suffered any other hardship as a consequence of committing the offense, such as losing a job, loss of reputation, or being disgraced in the community or amongst friends and family?
If the court matter relates to a driving offence you should also refer to:
- Your knowledge of the person’s driving record, and
- The reasons why the person needs a license and/or the consequences of the person losing a license.
Emma is a passionate and committed criminal defence lawyer.