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How to Write Good Character
Reference Letters for Court

This guide is written by our criminal lawyers in Sydney and serves as a practical guide for good character letters for court.

If you are guilty of a criminal or traffic offence, an effective character reference letter for a Judge or Magistrate to read on sentence can significantly improve your sentence outcome.

It is important to get character letters done properly. This can maximise your chances at either convincing the court to impose a non-conviction penalty, which will allow you to remain conviction free and avoid a licence disqualification if the court is convinced to impose a non-conviction Conditional Release Order or section 10 dismissal.

While in more serious cases, effective character reference letters can significantly improve your chances at avoiding full-time imprisonment.

An experienced criminal or traffic defence lawyer will be able to guide you in preparing the most effective good character reference letters in preparation to your sentence.

General Sample

Typed letterhead here i.e. KLM Pty Ltd
Date:
To: The Presiding Local Court Magistrate or District Court Judge
Name the specific court i.e. Downing Centre Local Court / District Court
Your Honour,

GENERAL TOPICS TO BE COVERED

  • Introduction:
    • Introduce yourself as the referee by outlining your name, age, occupation.
    • When and where you were first introduced to the person you’re writing this letter about (the offender).
    • Outline how long you have known each other.
    • How often you see or communicate with each other.
    • If he/she has disclosed the criminal or traffic offence to you, briefly express this.
      For example, “I am aware that Steven has pleaded guilty to …”
  • Remorse, Shame, Insight and Rehabilitation Prospects:
    • Shame: Outline whether the offender expressed embarrassment for committing the offence.
    • Remorse: Outline whether he/she accepted responsibility and expressed regret.
    • Insight: Outline whether the offender understands the seriousness of the conduct and the harm caused.
      • For example,
        “When Bob told me about his offence, I could see the extent of regret he had,
        and I believe he is truly ashamed. He has acknowledged the seriousness of his
        actions and realises the harm or potential harm caused.”
    • Rehabilitation prospects:
      Outline any programs, courses, counselling, or treatment attended or being attended.
      • Briefly outline any progress you have observed.
      • In traffic cases:
        “Bob tells me he has been attending the traffic offenders program, which he found
        very informative and helpful.”
      • In drug or assault cases:
        “I understand that Bob has been receiving treatment from a psychologist or drug
        and alcohol counsellor, which he finds helpful and intends to continue.”
      • The court also offers the MERIT program (Magistrates Early Referral into Treatment)
        for drug-related issues.
  • Good Character:
    • Outline your opinion of the offender’s good character, with an example.
      “I have always found Steven to be honest, hard-working, and reliable.”
    • If the offence is uncharacteristic, outline your surprise.
      “This behaviour is very much unlike the Steven I know, and I am confident he will
      never do this again.”
    • If aware of previous offences, outline this knowledge briefly.
    • If the offender contributes to the community or charity, outline details.
    • Outline any personal or family commitments, including dependents.
      • Dependence on the offender for transport.
      • Financial dependence.
      • Child or dependent care responsibilities.
      • If you are a partner or ex-partner, outline family or child commitments affected
        by licence disqualification or job loss.
  • Employment / Work:
    • If you are the offender’s employer or colleague, outline:
      • Job title
      • Length of employment
      • Role responsibilities
      • Skill level and difficulty of replacement
      • Revenue contribution (if applicable)
      • Reliability, punctuality, and work ethic
      • Number of staff reporting to the offender
    • Outline whether a conviction or licence disqualification would result in dismissal:
      • Security licence or background check requirements
      • Driver licence dependency (distance, frequency, locations)
      • International travel requirements
      • Government or high-security clearance requirements
  • State that you are willing to attend court if required and provide your postal address.
    (In practice, this is rarely required.)

FAQ

  • Your character reference letter for court should not be more than 1 page long. A Judge or Magistrate in court has limited time for each case in a day. Your result is likely to be better if you stick to saying succinct, relevant points.
  • It’s recommended to have the character reference letter typed, signed and dated.
  • Hand the Judge or Magistrate with the original letter, not a copy.
  • Be sure to review the letter to ensure it makes sense. Check for any spelling or grammatical errors. It’s recommended to get an experience criminal or traffic lawyer to review it.
  • Always refer to the Judge or Magistrate as “Your Honour”.
  • If applicable, and wherever possible, use a company letterhead.
  • Use your own words and sentences to express what you want to communicate.
  • Avoid duplicating the same relevant points made across more than 1 character reference letter if you’re using more than one.

Character reference letters should come from those close to the person requiring it for court. Including, family members, friends, charity organisation, employer, work colleague and/or religious organisation.

The chosen referee(s) you ask to write a character reference letter for court needs to be specifically and carefully picked who is capable of writing about the specific relevant points you want the Judge or Magistrate to consider for a better result on sentence. This will depend on a case by case basis with the type of criminal or traffic offence and the offender’s personal circumstances.

If you wish to make a point about the effects of a licence disqualification on your job and family dependents who rely on your income and/or ability to drive, it’s worthwhile trying to get a character reference letter from the employer and/or family dependent to outline these points.

If you wish to make a point about the impacts of a criminal conviction on your job or ability to obtain a role in your chosen field, it’s worthwhile trying to get a character reference letter from the employer or professional body that governs the particular profession outlining this.

Sometimes you may have an employment contract which outlines these kinds of relevant points in its clauses. As it is often difficult to get yourself to ask or get a letter from the employer to outline these issues, it is worth checking the employment contract for this information.

While there is no specific rule, it’s recommended to use your best 2 to 4 character reference letters in court for a criminal or traffic offence.

A Judge or Magistrate in court deal with many cases in a day. Court sits between 9:30am – 4pm. There is usually a morning tea break from 11:30am-12pm, and a lunch break from 1pm-2pm.

A Magistrate or Judge on a day in court will have a limited period of time to spend on your sentence. This is because they are required to get through a busy list of many cases in a day. It is a difficult task to do without making mistakes.

This means that it’s important to keep each character reference letter to the point, within 1 page with relevant information.

Some more complex cases may need to use more character reference letters. This will really depend on the case, offence and the offender’s individual personal circumstances.

It’s worthwhile getting guidance from an experienced criminal or traffic defence lawyer for guidance in this process.

If the sentence is being heard in the Local Court, the writer of a character reference letter (‘referee’) is not generally required to attend court.

If the sentence is being heard in the District or Supreme Court, the referee may be required to attend court to give evidence if the prosecution wish to ask questions arising from the contents of the letter. Sometimes the prosecutor will not require the referee to attend if a copy of the letter is forwarded to the prosecutor in advance.

A more powerful way to get a Magistrate or Judge to take into account the relevant points in your case for a better sentence outcome is using affidavit(s).

An affidavit is a legal document which is considered sworn evidence to reflect what is said in the character reference letter. It can allow a Judge or Magistrate to give more weight to what is said in it in the offender’s favour than a character reference letter can.

Unless the prosecutor objects to the contents in the affidavit, the referee (author of the affidavit) will not normally be required to attend court to give that evidence.

An experienced criminal or traffic lawyer can guide you in this process.

  • Avoid coming across or sounding over-confident or arrogant.
  • Do not tell the Magistrate or Judge what to do or what you think he/she should do with the case. For example, avoid saying, “I think you should give him/her a section 10 dismissal non-conviction or Conditional Release Order without conviction”. “He/she deserves a second chance, do not send him/her to prison”.
  • Be careful not to give excuses for the offender’s conduct. Avoid blaming others. Doing this will come across as showing a lack of remorse and insight into the offence which can result in a heavier sentence. Having said that, you may provide an explanation for the offender’s behaviour without providing excuses for him/her.
  • Avoid using the wordings or sentences of others. A Judge or Magistrate is experienced enough to know.
  • “I am aware that Steven has pleaded guilty to the offence of…”
  • “Steven has expressed genuine regret and acknowledged the seriousness of his actions to me…”
  • “Steven and I met 10 years ago when we were introduced at…”
  • “I was absolutely shocked to hear about his/her offending behaviour as it is completely against his normal character that I have known for so many years.”
  • “Your Honour, I have seen Steven give significant time helping other by…”

Lastly, it’s important to ensure that each character reference letter you use in court is true and accurate before a Judge or Magistrate reads it. Providing a false character reference letter can lead to more trouble for both the referee and the offender, including criminal charges.

It’s recommended to have an experience criminal or traffic lawyer to review each letter for feedback before handing the letter up in court.

With many years of experience, our team of criminal and traffic lawyers have consistently achieved outstanding results across all serious criminal and traffic cases, including:

  • Section 10 dismissals and Conditional Release Orders without conviction.
  • Avoiding licence disqualification and demerit points for serious driving offences.
  • Avoiding jail sentences for serious criminal and traffic offences.
  • Getting serious criminal and traffic charges withdrawn early or downgraded.

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