When appearing before the Court in a criminal law matter, presenting a well-written character reference can help the Court understand your unique situation and the context in which you committed the offences.
What the Character Reference should say – a Guide for referees:
- The reference should be addressed to the right person. For instance, if the matter is being heard in the Local Court, ensure the reference is addressed “To the Presiding Magistrate�? and “To the Presiding Judge�? if it is a matter being heard in the District or Supreme Courts.
- The salutation where you would normally write “Dear Sir�? should be “Your Honour�?.
- It should be typed and on an official letterhead if possible and state any formal positions or qualifications.
- The reference must be signed and dated.
- It should be original and thoughtful so that the Court can see that someone has taken the time to write a document that demonstrates their view of you.
- The reference should indicate how long you have known the person and in what capacity i.e. long time friend, employer etc. If you have known the accused long enough the Magistrate/Judge can have more trust in your statements pertaining to the accused’s character.
- The reference should not be a mere general character reference, it should be written specifically for the accused for a particular offence.
- It should state your opinion of the accused’s general character and reputation in the community.
- It should provide an honest account of the accused’s positive attributes.
- It should state what you know about the accused’s background, family ties and employment.
- Does the accused have any personal problems that you are aware of that may have contributed to the offending behaviour. You should include this information in your reference as well as any attempts the accused may have made to seek help or improve their situation.
- If you have witnessed the accused being remorseful of their actions or suffering anxiety as a result of worrying about the outcome of their Court case you should mention this in your reference.
- Keep the reference to 1 page in length. Magistrates and Judges are very busy people and prefer short and succinct references rather than long-winded essays.
Tips for specific types of offences
- Assault charge – if the reference is for someone pleading guilty to an assault charge, it is important to discuss the accused’s character relating to violence. Is the accused normally violent? Or was the offence just a rare or isolated incident? Have they undergone any counselling or anger management courses to deal with their temper etc.
- Drink Driving charge – the character reference should mention the accused’s usual behaviour in relation to drink driving. Are they usually responsible when it comes to driving and their alcohol intake? It should state your knowledge of their driving record, why they need their license and how a potential loss of license may affect their life or cause them hardship e.g. loss of employment.
- Dishonesty charge – Has the accused made restitution and given the stolen goods back? The Accused may have been struggling financially and that is what contributed to the offending behaviour. These things need to be included in the reference.
- Drug-related charge – Is the accused undergoing drug rehabilitation or making a concerted effort to stop using drugs? Was the offence just a one off incident? These things need to be mentioned in a reference, especially because the Court looks favourably upon any offenders who make an effort to undergo treatment and rehabilitation programs.
Things to avoid saying in a Character Reference:
- Do not suggest a penalty to be imposed upon the accused.
- Do not criticize the judicial system or say negative comments about the victim.
- Do not make excuses for the accused or downplay the offending behaviour.
- Be cautious in discussing any similar offence committed by the accused in the past. For instance, you should never state that the offence is “out of character�? if the accused has already committed the same or similar offence before. Your reference will lose credibility as the Magistrate/Judge will think that you really do not know the accused at all if you are not familiar with their past behaviour.
- Do not say anything untruthful in the reference, as it is an offence to mislead the Court.
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