Criminal Law - How to Write a Character Reference

By Lauren Hunter (Hunter Solicitors)

A good character reference is very important to a person who has been charged with a criminal offence.  It provides the Judge with positive information about the accused and it gives context to that person’s life.

The ideal person to provide a character reference is someone who knows the accused well enough to give an honest account of their good attributes.  The referee should be aware that –

• it is absolutely imperative to be truthful and never lie. Lying to the court is perjury and is an offence;
• there should be no sugar coating of the facts, just supportive and positive comment about the accused’s best qualities;
• the reference should be kept to one page in length.

It’s desirable to gather as many character references from reputable people as possible, and get them to your lawyer early.   (Well respected members of the community like a Minister of Religion, Club President or a local Member of Parliament, would make perfect referees).  Your lawyer will decide which ones to use and whether any of them could actually prejudice your case.  You don’t want to overwhelm the Judge with too many character references, so your lawyer will choose the best two or three.

A Step by Step Guide

1.   Date it –

example: 12 May 2011 (include the day, month and year)

2.  Address it correctly –

 example:  if the matter is in the Magistrates Court the reference should be addressed to:  The Sentencing Magistrate

if it is in the District Court the reference should be addressed to:  The Sentencing Judge

 Do not write “To Whom It May Concern”

3.   Clearly identify yourself and your relationship to the accused –

State your name and your relationship to the person you are writing the character reference for. You may be a friend, their wife or husband, employer, or social worker.

example:  My name is John Smith and I am a friend of Jill Bloggs

You don’t have to be an “important” person, just someone who can provide positive and useful information about the accused’s character.   Being a friend or family member is useful because it shows you are familiar with the accused.

4.  State how long you have known the accused –

This  is relevant because it shows you have known the person long enough to give a meaningful account.

example:  I have known Jill for three years

 It can also show whether you have seen a change in the person during the time you’ve know them.

example:  I have known Jill for seven years.  During that time she’s encountered difficulties after the death of her husband in a car accident in 2004. She has been battling depression ever since and has had difficulties holding down a job as a result.  I have however seen her attitude to employment and life’s responsibilities in general, greatly improve over the last four months. 

5.  State that you know why the accused person is going to court/what they’ve been charged with –

It is important to let the Judge know you are aware of the charges against the accused otherwise your character reference will be worthless.  For example the Judge could think that you were never even told about the court proceedings, but were simply requested to provide a work reference.

You don’t have to state the specific charges, just refer generally to the offence:

examples:  I am aware that Jill is pleading guilty to assault and that the victim was injured.

I am aware that Jill is pleading guilty to drug charges.

I am aware that Jill has been charged with driving under the influence.

6.  State whether it was a one off incident/was out of character/whether the accused has been trying to rehabilitate –

It is very important to state whether the offence was a one off incident and/or was out of character.  It’s also important to state that the accused person has tried to rehabilitate them self, especially if this is not their first offence.  Let the Judge know if the accused person has expressed any remorse or regret to you.

examples:  I know that Jill has been undergoing an anger management course since the assault and that she is committed to her rehabilitation.

I have never known Jill to smoke cannabis over the seven years of our friendship and this offence is completely out of character.

Jill appears genuinely terrified of the charges against her and has told me she has not taken a sip of alcohol since she was charged.  I have been with Jill on several social occasions over the past few months and I haven’t seen her drink any alcohol.

7.  If you are aware that the accused has been in previous trouble for this type of offence –

Your reference will be worthless if you state that the offence was out of character, if the accused has previously been in trouble for the same offence.  Remembering that you must always be truthful, you should state that you know the accused has been in trouble before.

example:  I know that Jill has been in trouble before.

If you can honestly say that the accused has changed, or has some sort of excuse for reoffending, then you should provide this information.

example:  I know Jill has been in trouble before for stealing.  However on this occasion she said she was desperate because she was way behind with her rent and other living expenses.

8.  Provide information about the accused’s good character in detail, and give examples –

The Judge will be relying on the accused’s lawyer and any character references to explain what kind of person the accused is.  Give your truthful opinion of the person’s personality, but do not comment on whether you think they are guilty or not.  Ask yourself the following questions about the accused person:

• what positive things can I tell the Judge about them?
• what are their good attributes?
• is there anything positive I can say about their behavior, or the activities they are involved in,  eg volunteer work, coaching a junior sports team, Involvement in a charity/church/youth group, regular participation in fundraising for charity or a good cause?

examples:  Jill is a caring person who respects her community.  She is regularly involved in fundraising activities with the RSPCA, and she participates in Clean Up Australia Day programme every year.

Jill is a very caring and compassionate person.  I was with Jill in Surfers Paradise one evening when we witnessed a group of teens hassling and bullying another teenage boy.  Jill was outraged at this and asked the group to please leave him alone.  She then asked the teen victim to come with us and we escorted him away from the group.

Jill is a kind person and is always willing to help others.  She regularly helps her elderly grandmother with her grocery shopping and general duties around the house.

9.  State what any adverse consequences may be for the accused person –

Under no circumstances should you attempt to tell the Judge in your reference, what penalty or sentence you think the accused should receive.  The Judge is the expert and you must respect that.  Judges get annoyed when people try to tell them how to do their job.  It is however a good idea to let the Judge know about any negative repercussions the accused may suffer.  For example if you are the accused’s employer and the matter relates to a driving offence which will likely result in the accused losing their job if their licence is suspended or revoked, then it is important to mention this.

example:  Our delivery business relies on our employees holding a current driver’s licence and should Jill lose her licence it is unlikely that we could keep her employed.  It would be regrettable to have to let her go as she is a good worker.

Losing a driver’s licence can result in hardship not only for the offender, but also for their family.  If you can truthfully refer to specific negative consequences for the accused and their family for example, then you should do so.

example:  If Jill loses her licence she won’t  be able to drive her children to netball practice each week.  It will be hard for her to find someone to drive the children, as she lives quite some distance away from the practice venue. Unfortunately none of the other team members’ parents live close enough to Jill to be able to assist with transport.

10.   Sign and date the reference –

It is important to date the reference so that the Judge knows it has been provided for the case which is in front of him/her.  It is also best to insert your telephone number under your signature, so the Judge can call you to verify any information.

11.  Letterheads –

If you are the accused’s employer then you should write your character reference on the business’ letterhead.   If however you are simply a co-worker of the accused and not the business owner or immediate employer, never write a character reference on your employer’s letterhead.  It is fine to provide a personal character reference on plain, white paper.

12.  It is very important to make sure that you are –

•  always honest and truthful about all of the facts and circumstances which you refer to in your reference;
• clear and supportive, but not too emotional.

© Hunter Solicitors, 2011